Estate Planning Blog Articles

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Role of Estate Planning for the Great Wealth Transfer

The “Great Wealth Transfer” refers to the significant shift of wealth expected to occur over the next decade. According to a recent report by Altrata, individuals with a net worth of over $5 million are set to pass on nearly $31 trillion to the next generation. This monumental transfer of wealth will impact various sectors, including family offices, financial services, luxury goods and nonprofits.

What Is the Importance of Estate Planning to the Great Wealth Transfer?

Estate planning is essential to ensure that your wealth is transferred according to your wishes. Your assets could be subject to legal disputes, taxes and other complications without a proper plan. Estate planning provides clarity and security for your loved ones, helping to preserve and protect your legacy.

Who Benefits from the Great Wealth Transfer?

While the media often focuses on Millennials and Gen Z, the Altrata report highlights that Generation X is first in line to inherit. Now in their mid-to-late 40s, these individuals are set to receive significant inheritances from their wealthy parents. Younger generations, including Millennials and Gen Z, are more likely to inherit from grandparents, typically resulting in smaller sums.

What Challenges Do Wealthy Families Face?

Wealthy families face unique challenges during the wealth transfer process. Some of these include:

  • Succession Planning: As families become more globalized, succession planning grows more complex. It’s crucial to have advisors who understand international laws and regulations.
  • Generational Differences: There can be a disparity between the values and aspirations of wealth holders and their younger benefactors. Clear communication and planning can bridge this gap.
  • Early Transfers: Wealth is increasingly being passed on during the lifetime of the head of the family. This requires early engagement and preparation to manage assets effectively.

Can Estate Planning Help?

Estate planning can address these challenges by providing a structured approach to wealth transfer. Here are some key benefits:

  • Minimize Taxes: Proper planning can help minimize estate taxes, ensuring that more wealth is passed on to your heirs.
  • Avoid Legal Disputes: Clear documentation of your wishes can prevent legal battles among family members.
  • Protect Beneficiaries: Estate planning can protect beneficiaries from potential creditors and other financial risks.

Key Estate Planning Steps to Take

First, consult an estate planning attorney to create a comprehensive plan tailored to your needs. Review your assets, including properties, investments and personal belongings. Set clear goals for how you want your assets distributed and who will manage them. Finally, update your estate plan regularly to ensure that it remains relevant as your life changes.

Take Control of Your Legacy Today

The Great Wealth Transfer is a significant event affecting millions of families and the US economy. If your family will be part of this wealth transfer, understand that proper estate planning is a must to reduce your tax burden and see your wishes go into effect.

If you haven’t developed an estate plan, now is the time. Contact our law firm to schedule a consultation and learn more about creating a plan that protects your wealth and provides for your loved ones.

Key Takeaways

  • Secure Your Legacy: Ensure that your wealth is transferred according to your wishes.
  • Minimize Taxes: Proper planning can reduce estate taxes, preserving more for your heirs.
  • Avoid Disputes: Clear documentation helps prevent legal battles among family members.
  • Adapt to Changes: Regularly update your plan to reflect life changes.

Reference: Altrata (Jun. 11, 2024) “Family Wealth Transfer 2024

What Jackie Kennedy Knew about CLATs and Estate Planning

What most people don’t know about Jackie Kennedy was her role as an innovative steward of her family’s wealth and philanthropic legacy, reports a recent article from Forbes titled “Elevating Your Estate And Legacy: A Lesson From Jackie Kennedy.” After her husband’s assassination, she was in charge of a $44 million plus estate and her actions spoke volumes about her values and view for the future.

Jackie Kennedy initiated a Charitable Lead Annuity Trust (CLAT), which today many refer to as the Jackie Onassis Trust.

She created a CLAT receptacle through her will, so her children could elect to transfer some or all of their inherited assets in exchange for significant charitable, tax and non-tax benefits. They were not required to do this. However, it was an option for assets including stock, real estate and other capital. The CLAT offered her children three possible benefits: avoiding federal estate tax on all and any assets transferred to the CLAT, tax-efficient philanthropic giving for a limited number of years and continued investment of CLAT assets, which could be ultimately returned to the child or gifted to future generations at the end of the CLAT’s charitable period.

In addition, during the charitable term, the annual payments required to be distributed via the CLAT to charities would have created income tax deductions against the CLAT’s taxable income.

Despite their mother’s recommendations, the first lady’s children opted against funding the CLAT.

According to an article from The New York Times in 1996, if the Jackie Onassis Trust was worth $100 million and if the beneficiaries had executed the CLAT, the family would have inherited approximately $98 million tax-free in 2018, with charities receiving $192 million.

Instead, the children paid $23 million in estate taxes, leaving the estate with $18 million.

Besides the clear adage of “Mother knows best,” this is an example of the potential power of a CLAT to satisfy the charitable and family wealth transfer of the trust creator and individual beneficiaries. Since the 1960s, more sophisticated trust variants have been created to improve on the original CLAT.

One of these is the Optimized CLAT, a tax-planning trust which accomplishes four goals. It generates a dollar-for-dollar tax deduction in the year of funding, returns an expected 1x-5x of the initial contribution back to the contributor, immediately exempts contributed assets from the 40% federal gift and estate tax and exempts the transferred assets from the contributor’s personal creditors.

These complex estate planning strategies will become increasingly popular as federal estate taxes return to lower levels in near future. Your estate planning attorney will guide you as to which type of trust works best for you and your family, for now and for generations to follow.

Reference: Forbes (Aug. 19, 2022) “Elevating Your Estate And Legacy: A Lesson From Jackie Kennedy”

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