Should You Gift Kids Inheritance Now, or After You’ve Passed?

This is a genuine dilemma facing millions of parents and grandparents as they prepare to pass an enormous amount of wealth—$73 trillion—to the next generation. There are pros and cons to both approaches, according to the article, “Give the Kids Their Inheritance Now or Make Them Wait? 3 Things to Keep in Mind,” from Barron’s.

Giving too much too early could put parents in an economic bind in their later years. Therefore, this needs to be considered in light of today’s longer life spans. However, if you can afford to make a generous gift and your children could use the money now for a good purpose, it’s hard to justify making them wait.

How much to give is as critical as when to make the gift. The predominant concern is if you give your children too much, they won’t be motivated to earn their own wealth, or other family members will resent the gift. Estate planning attorneys and financial advisors routinely speak with families about these issues. These conversations always consider the values they want to instill in their children.

In some cases, parental support can help a child while working at an entry-level (i.e., low paying) job in their dream career. Covering the cost of rent for a few years can offer young adults a support net until they achieve financial stability.

This is very different than paying the expenses of a young adult with no career goal whose primary focus is a robust social life.

Anyone can make a yearly gift to any other person of up to $17,000 tax-free, or $34,000 per couple, but there are ways to make gifts without triggering gift taxes. Direct tuition payments to schools are tax-free. Unlike putting money into a 529 account, there is no limit to how much can be paid directly to a college or university. Parents and grandparents could also help with a downpayment on a child’s home without paying gift taxes.

Gifts don’t have to be large to have an impact. Some parents and grandparents give their children or grandchildren a small amount to start saving for retirement. A gift of a few thousand dollars during their 20s can grow into a nice sum over many decades. If the recipient has earned income, you can contribute to their IRA or Roth IRA accounts.

If assets are limited, consider giving personal possessions, such as jewelry or family heirlooms, to younger generations. You’ll get to see them enjoy their gifts, without putting your own financial situation at risk.

Whenever the decision is made to make these gifts, families should talk about their values and intentions around money.

If there are concerns about children losing an incentive to work because of the family’s wealth, a spendthrift trust might pass wealth along while controlling its distribution.

Remember that today’s generous federal estate tax rules are set to expire in 2026. Currently, individuals can gift up to about $13 million ($26 million for couples) tax-free in their estate plans. If the exemptions expire, this amount will be cut by approximately half.

Reference: Barron’s (Nov. 4, 2023) “Give the Kids Their Inheritance Now or Make Them Wait? 3 Things to Keep in Mind”

What Is the Latest on Picasso’s Estate?

Claude Ruiz Picasso, Pablo Picasso’s youngest son, has died at the age of 76.

The Art Newspaper’s recent article, “Claude Ruiz Picasso, the artist’s son and manager of the Picasso estate, has died,” reports that as the long-term manager of his father’s estate, Claude was the holder of the Picasso copyright. He was also instrumental in organizing Picasso Celebration 1973-2023, a compendium of 50 exhibitions of Picasso’s work, shown in cultural institutions across Europe and the US over the course of 2023 to mark 50 years since Pablo Picasso’s death.

Claude transferred management of the estate in July of this year to Paloma Ruiz Picasso, his younger sister. He was originally appointed by a court as the administrator of the Picasso estate in 1989. The Picasso estate remains one of the most valuable collections in the art world, numbering around 45,000 pieces. At the time of Pablo Picasso’s death in 1973, the estate was estimated to be worth $817m.

In the commercial art world, art is frequently subject to forgery, fake usage, and criminal trading. In the copyright and trademark sectors, the Picasso estate has often set legal precedents regarding its willingness to pursue legal action against counterfeit, illegal reproduction, and forgery cases to protect the artist’s legacy.

Claude was the son of Pablo and the French painter Françoise Gilot, who also died in June of this year at the age of 101. Gilot is often known as the only woman who left him. Pablo tried to legally stop her, 40 years his junior, from publishing a memoir of her life that detailed her experience of being in a relationship with him, including testimonies of abuse, including an occasion when he held a lit cigarette against her cheek. The book was eventually published in 1964.

Pablo severed contact with both Claude and Paloma after the book’s publication and never contacted them again.

Before he was appointed the manager of the Picasso estate, Claude was an artist in his own right. Living in New York, he worked briefly as an assistant to the photographer Richard Avedon before seeing his own photographs published in fashion magazines, including Vogue and Time Life.

Reference: The Art Newspaper (Aug. 25, 2023) “Claude Ruiz Picasso, the artist’s son and manager of the Picasso estate, has died”

How to Pass on Family Heirlooms with Fewer Estate Battles

Family feuds are more likely over Aunt Josephine’s jewelry than the family home. Putting sticky notes on personal items before you die or expecting heirs to figure things out after you’ve passed often leads to ugly and expensive disputes, says a recent article from The Wall Street Journal, “Pass On Your Heirlooms, Not Family Drama.”

Boomers handling parents’ estates and assessing their personal property are having more conversations around inheritance and heirlooms. However, there are better ways to plan and distribute property to avoid family fights over cars, jewelry, furniture and household items.

The person you name to handle your estate, the executor, typically distributes personal property. Therefore, pick that person with care and clarify how much power they will have. An example of this comes from a police officer in Illinois who has been settling his father’s estate for nearly two years. His father owned more than twelve vehicles, a water-well drill rig and two semitrailers of car parts and guns dating back to the Civil War. He also listed 19 heirs, including stepchildren and friends. He told his son he knew he could handle everyone and the stress of people who “aren’t going to be happy.”

If you want a particular item to go to a specific person, make it clear in your will or trust. Describe the item in great detail and include the name of the person who should get it. A sticky note is easily removed, and just telling someone verbally that you want them to have something isn’t legally binding.

Without clear directions, one family with five siblings used a deck of cards and played high card wins for items more than one sibling wanted. Only some families have the temperament for this method.

In one estate, two sisters wanted the same ring. However, there were no directions from their late parents. An estate settlement officer at their bank had a creative solution: a duplicate ring was made, mixed up with materials from the original ring, and each daughter got one ring.

Ask your estate planning attorney how to address personal heirlooms best. In some states, you can draft a memo listing what you want to give and to whom. It is legally binding, if the memo is incorporated into a will or trust. If not, the personal representative can consider your wishes. Make sure to sign and date any documents you create.

Get heirlooms appraised to decide how to divide items equitably, which to sell and what to donate. If heirs don’t want personal property, they can donate it and use the appraisal to substantiate a tax deduction. Appraisals will also be needed for estate tax and capital gains tax purposes.

Reference: The Wall Street Journal (July 30, 2023) “Pass On Your Heirlooms, Not Family Drama”

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Should You Gift Kids Inheritance Now, or After You’ve Passed?

What Is the Latest on Picasso’s Estate?

How to Pass on Family Heirlooms with Fewer Estate Battles

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