bigstock-Parents-Holding-Hands-With-Kid-21739670A survey recently released by Merrill Lynch’s Private Banking and Investment Group — How Much Should I Give to My Family? — shows that the #1 concern of wealthy parents is that the inheritances they plan to leave their children will do more harm than good.

Of the 206 high net worth parents surveyed, 91% said they plan to leave the lion’s share of their estate to their children. However, they expressed fear that giving too much would thwart their children from reaching their full potential.

Almost two-thirds of the parents surveyed said they were somewhat concerned that an inheritance would have a negative impact on their children, especially when large sums were distributed without guidance or accountability. Yet only 29% said they have had a conversation with their children about their future inheritances.

You don’t have to be wealthy to share these concerns. I have them for my own children regarding what my wife and I are planning to leave them. If you share some of these concerns too, I’d be happy to speak to you about when and how to leave your whole family wealth (not just your money) as part of a comprehensive legacy plan for your family so it doesn’t create trouble for your children.

Also consider that in some cases, the best time to leave an inheritance to the next generation may be while you are living – instead of waiting until death – because you can guide your children through the pitfalls of the inheritance.

For an example let’s look at the case of Norman and Stephen Brooks, father and son. Twenty years ago Stephen came to Norman and asked him to support him to build a business that would bring youth to Costa Rica, and together they created a tour business and multi-property development that is now thriving.

Stephen couldn’t have done it on his own. And while Norman could have waited to pass Stephen’s inheritance to him until his death, Norman would have lost the opportunity to see that inheritance grow, not just financially, but on so many other levels as well.

Today, Norman’s inheritance to Stephen is far bigger than anything he would have left at his death and both Stephen and Norman are benefiting from it greatly.

The only thing I would have recommended that Norman do differently would be to have given Stephen his living inheritance through a trust, rather than outright.

As things stand now, everything Stephen has created is in his own name remains at risk from creditors, predators, lawsuits, and divorce. If they could go back and change anything, I would recommend Norman set all that up for Stephen in a trust, providing airtight asset protection that Stephen cannot provide for himself.

With inheritance, there is a fine line between enabling our children and providing them with opportunities. But with proper planning, you can absolutely make a safe, successful transfer of wealth to the next generation which will do them much more good than harm.

To your family’s health, wealth, and happiness,
Marc Garlett 91024

Inherited Debt 91024In general, when a loved one passes, his or her debts fall to the estate to be paid. However, in situations where debt is shared — for example, jointly owned credit cards or shared student loans — the debt can pass to the account co-owner, even if he or she was unaware of the debt.

This is why it is important to consider debt planning as part of your overall estate planning process. Here are some tips on dealing with the debt of a deceased loved one:

Get informed. By law, everyone is entitled to one free credit report every year from the three major credit reporting agencies: Equifax, Experian and TransUnion. Spouses should obtain and share their credit reports with each other so they are informed about any debt issues that could impact their estates. If debt will potentially impact adult children, be honest with them about your financial situation as well.

Get advice. Seek the counsel of trusted attorney or other financial professional on your debt issues and learn how to resolve them. Deal with personal debt before it spirals out of control and becomes a potential issue for your family.

Get organized. Ideally, all of your estate and financial planning documents should be kept together in one place where your family knows where to find them. Among these documents should be an updated list of current assets and debts, including financial institution information, account numbers and passwords.

Get educated. Heirs should educate themselves about what types of debt will need to be repaid and what types may be cancelled or forgiven. Generally, any unsecured debt held in the deceased person’s name alone (such as credit cards, student loans, etc.) will be discharged. Be aware, however, debt collectors do have the right to attempt to collect on these kinds of debt — and may contact survivors to try to “guilt” them into paying. Being educated about liability for debts after the death of a loved one will arm you with the knowledge you need to respond to each situation appropriately.

If you’d like to learn about protecting yourself and your family, call us to schedule a Family Estate Planning Session so we can help you identify the best strategies to provide for and protect the financial security of your loved ones.

To your family’s health, wealth, and happiness,
Marc Garlett 91024

Kids Protection 91024The longer I am a part of this community, the more I appreciate all it has to offer. Last weekend was my first Halloween in Sierra Madre. My kids are 6 and 4; perfect trick-or-treating age. And let me tell you, they had a blast! I love how Sierra Madre does Halloween. It was an amazing blend of cooperation between government, businesses, and residents. And as a parent, trick or treating in Sierra Madre with my kids gave me the opportunity to watch them enjoy themselves thoroughly, encourage them to be polite and use their manners, and talk to them about the down side of overindulging in candy. All in all, a win-win-win situation!

Speaking with my children about overindulgence got me thinking about my hopes and fears for them when my wife and I pass on our inheritance to them. How did I make that leap? Well, statistics show that most individuals who inherit IRAs completely deplete them within less than two years. My wife and I, and I imagine most of you, would prefer those assets not only benefit our children, but future generations as well. I don’t want my kids viewing their inheritance as “found money” to be squandered away and blown. Yet study after study says this is what’s most likely to happen.

The good news is, there’s an estate planning tool to keep beneficiaries from overindulging and wasting that type of inheritance. A trusteed IRA is like a traditional IRA but with some of the advantages of a trust. They are designed to provide a long-term distribution plan for withdrawals to benefit more than just one generation of beneficiaries. Trusteed IRAs are less expensive than setting up a trust, though generally a bit more expensive to administer than a traditional IRA.

Trusteed IRAs are a wonderful tool for those who want to control how their IRA assets are distributed after they’re gone. With traditional inherited IRAs, the beneficiary has full say over what happens to the IRA assets he or she inherits. And since most elect to completely deplete an inherited IRA, future generations will likely never benefit.

A trusteed IRA allows the original owner to dictate how withdrawals can be made. For example, by allowing only the minimum required distribution that the IRS requires heirs to take every year, you can stretch out your IRA over multiple generations since investments grow tax-deferred (traditional IRA) or tax-free (Roth IRA).

I don’t want my kids to be one of the statistics. I hope they respect what my wife and I are leaving them and work to grow those assets so they can pass an inheritance on to their own children. If you feel the same, let’s get together and talk.

To you family’s health, wealth, and happiness,
Signature - Marc

estate planning 91024A recent U.S. Supreme Court decision changes the way inherited IRAs are viewed when it comes to bankruptcy, which means those who inherit these retirement account assets must find new ways to protect that inheritance.

In Clark v. Rameker, Heidi Heffron-Clark inherited an IRA from her mother. She received distributions from that inherited IRA for several years before filing Chapter 7 bankruptcy. Ms. Heffron-Clark relied on the Bankruptcy Code, which states that IRAs are exempt up to $1.245 million from bankruptcy, to claim her inherited IRA qualified for the retirement account exemption.

In a unanimous ruling, the Supreme Court disagreed, distinguishing inherited IRAs from other IRAs established by an individual for his or her own retirement. Because the beneficiary of an inherited IRA cannot make contributions to that IRA, an inherited IRA does not provide any tax incentives, which is an important purpose of other IRAs. Since the beneficiary of an inherited IRA has different rules for taking distributions than other IRA owners, this also establishes inherited IRAs as different from other IRAs. These differences, the Court reasoned, are enough to disqualify an inherited IRA from qualifying for the federal bankruptcy exemption.

Even though some states offer protection for inherited IRAs in bankruptcy, a move to another state that does not offer this protection can endanger inherited IRA assets. IRA owners who wish to provide their heirs with valuable protection should consider naming a trust as beneficiary of IRA assets instead of heirs, who could instead be designated as beneficiaries of that trust.

The Court did not address spousal inherited IRA beneficiaries; however, since a spouse is allowed to roll over an inherited IRA into his or her own account, this may qualify a spousal inherited IRA for the bankruptcy exemption for retirement funds.

Keep this in mind as you plan for the safe, successful transfer of your assets to the next generation.

To you family’s health, wealth, and happiness,
Signature - Marc

inheritance 91024Inherited wealth need not be “an albatross around the neck of the children” as Sting so succinctly put it recently when asked if he was leaving his wealth to his children.

I – and many other parents – share Sting’s concerns. But proper preparation for inheritance can ensure the assets you leave for your children benefit, rather than impede, the upward trajectory of their lives.

Part of that preparation comes from how you and your attorney actually set up your estate plan. Part of it comes from helping your children develop the critical skills needed before receiving and productively managing an inheritance. There are four main skills nearly all successful inheritors possess:

The ability to earn their own money and live off what they make. Children raised with wealth feel they are the most successful when they earn enough on their own to support themselves without the family money. Children without this skill often develop feelings of entitlement or personal inadequacy which negatively impact their ability to lead productive, meaningful lives.

The ability to set and pursue their own work goals. Children of wealth who are encouraged to find work they enjoy are much more likely to find satisfaction in that work if they are taught that it takes time and perseverance to reach this goal and that they should focus on learning from every job and give it their best.

The ability to develop self-worth that is separate from family wealth. Children who develop a core identity based on their own accomplishments and the choices they make in life are much happier and more successful.

The ability to be resilient and bounce back from adversity. Family wealth can cushion many blows, but the most successful inheritors are those who were allowed to experience and navigate failure on their own instead of being bailed out of every tough spot.

Comprehensive planning, taking all of this into account, can help your children avoid the many dangers and pitfalls inherited wealth can create. And if you’re anything like me, protecting your children from those inherent dangers is just as important as protecting the assets you’ll eventually pass to them. The great news is that proper planning can accomplish both objectives.

As always, I wish all the best to you and your family,

Signature - Marc

 

family estate plan 91024There are many iconic American families that come to mind when we think of vast family wealth. The Vanderbilts, for example, were one of the riches families in America in the 19th century. Cornelius Vanderbilt, the family patriarch, built his railroad and shipping fortune to $100 million before he died in 1877 – which was more than the U.S. Treasury held at the time.

That massive family fortune — which would be more than $200 billion in today’s dollars — has been gone for more than 40 years now. It did not even survive past three generations, primarily due to mismanagement by successive generations of heirs.

A recent Forbes article (it’s a great read, check it out) looked at ways to prepare heirs for an inheritance, with an emphasis on protecting and growing that inheritance. Here are some tips:

Share your vision. Conduct a family roundtable where the heads of the family come together with everyone and share their hopes and dreams for the family, as well as how they plan to reach their goals for the future. The idea is to start an open multi-generational dialogue.

Tell your story. To help younger generations understand the importance of protecting and growing inherited wealth, it helps if they first understand the values and visions of their predecessors. Sharing family memories, experiences and life lessons from older generations is one key component to ensuring the family story continues on well into the future.

Record your story. Your lasting legacy should be much more than just money; it should also be about those valuable intangibles that make your family unique, told through your insights, values and experience. We do this through our legacy planning process, helping you capture and pass on your own story and your aspirations for your loved ones through a special video we produce for each of our clients.

Gather together. Annual family retreats, gatherings, or reunions also help solidify family values and nurture common ground and goals. Consider holding an annual retreat where multiple generations can gather to bond, make plans for the future, and renew family harmony.

Family is one of the great human institutions. Yours can, and should, be the foundation for building real wealth – both financial and personal – for your children and for generations yet to come. With a little foresight and effort it can be done. You can do it. We can help.

As always, I wish all the best to you and your family,
Signature - Marc

estate planning 91024You bring your children into the world with love. You raise them with love. If you’re going all the way as a parent, you also create an estate plan to safely pass on your legacy of love as well as your assets. But does your plan simply leave your assets outright, so they pass directly to your children all at once? Or are they protected via a trust?

A trust is a must if you’re looking for true protection when passing on assets. Just as you protect your children from harm while you raise them, you can also protect them from any threat that could come from irresponsible behavior or external risk. The safest choice is to place the inheritance in a trust.

Trusts can be designed to protect assets from things like bankruptcy, creditors, lawsuits and even divorce. No one is immune from making a few mistakes during their lifetime, but that shouldn’t have to cost them their inheritance. If your child has a marriage that dissolves, for example, their future inheritance can be safely tucked into a trust, separating those assets from marital property and rendering them untouchable by an ex-spouse.

You can also set up a trust to distribute an inheritance according to your own wishes and for specific purposes, such as education, starting a business, maintaining a family vacation home, or whatever will benefit your children the most.

Gifting a large sum of cash to a 21-year-old is not usually considered the best practice. Many parents leaving assets in trust choose to stagger distributions at certain age milestones, which helps children learn to manage their assets over time with the help of a trustee. Then, at a later age, the child can become the trustee with full control when they have the knowledge to make better financial decisions.

If your child is still a minor or has special needs, a trust is even more critical. Under the law, minors cannot inherit outright, so a trust is necessary to safeguard the assets for their benefit until they reach the age of maturity. The trust preserves assets for their benefit, names a trustee to oversee distributions, and does not disqualify them from receiving special government benefits like an outright inheritance would.

Inheriting in trust provides substantial benefits that an outright inheritance does not. Look into the benefits of setting up a trust for your children. It can be one of the best things you do for them as a parent.

All the best to you and your family,
Signature - Marc

inheritance 91024Rock musician Sting recently announced that his children will not inherit his estimated $300 million fortune, saying these riches are “albatrosses around their necks.”

The product of a British working class background, Sting is currently one of the world’s wealthiest musicians, but says he will not be passing that fortune on to his six children. In an interview with the Daily Mail, Sting said,

“I told them there won’t be much money left because we are spending it! We have a lot of commitments. What comes in we spend, and there isn’t much left. I certainly don’t want to leave them trust funds that are albatrosses round their necks. They have to work. All my kids know that and they rarely ask me for anything, which I really respect and appreciate.”

While this may sound a bit harsh, Sting’s concerns about inherited wealth are not uncommon among parents (wealthy or not) who wrestle with whether bestowing wealth upon their children or grandchildren will be a blessing or a curse.

Fortunately, for parents and grandparents with these concerns, estate planning does offer a valuable tool: a Wealth Creation trust, prepared using incentive provisions.

A Wealth Creation Trust with incentive provisions allows you to pass along your values along with your wealth by attaching incentives to the distribution of your assets. For example, if grandparents want to pass on wealth to grandchildren but want to be sure those grandchildren get a good education so they know how to handle their inheritance wisely, they can set up a Wealth Creation Trust that names scholastic circumstances under which the assets will be distributed.

If your desire is to nurture your children’s entrepreneurial spirit, you can establish a Wealth Creation Trust to provide funding for a business startup, which allows you to foster that spirit while passing on your values regarding the benefits of hard work.

While most parents want to leave something behind for their children, passing along a solid set of values as well as inherited wealth is generally the desired outcome. A Wealth Creation Trust allows parents and grandparents to accomplish this worthy goal.

If the idea behind a Wealth Creation Trust resonates with you, call our office to schedule a time for us to sit down and talk about a Family Wealth Planning Session, where we can identify the best ways to ensure you leave a legacy of love, values, and financial security for your family.

inheritance 91024Most parents love their children unconditionally and want to do whatever they can to smooth life’s rough patches for them. But that unconditional love doesn’t necessarily mean parents should unconditionally trust their children when it comes to leaving a hefty inheritance.

Here are some smart ways parents can pass their love along while still protecting the wealth they have spent their lifetimes working hard to accumulate:

Annual exclusion gift test. A parent can gift up to $14,000 every year to each child without incurring gift taxes; both parents together can give a total of $28,000 to each child. You can use this annual exclusion gift to test the waters on how your children will handle a financial windfall. Do they pay off debt, save it or place it on the ponies? Their actions can give you insight into how they might handle their inheritance.

Incentive trust. Parents that have worked hard to accumulate their wealth often worry that a large inheritance may harm a child’s ambition to succeed on their own. If that is a worry for you, an incentive trust allows you to set goals or milestones for your children to achieve before distributions are made.

Staged distributions. Parents can create a trust with the distributions tied to different ages, stages, or life events (graduating college, starting a business) so the inheritance is doled out over time.

Leave a legacy. Creating a personal foundation to support the causes you believe in, and involving your children early on in that foundation, will help them learn about the responsibilities that come with wealth and create empathy for a world outside their own.

Hold the cash. Instead of giving cash directly to your children, consider alternative giving strategies, like paying down their college or home loan mortgage debt. This will make a big difference to their financial future without tempting them with large amounts of cash.

Wealth creation trust. As mentioned in a previous post, one of the best ways your unconditional love can be expressed to a child or grandchild is through the establishment of a wealth creation trust to commemorate a birth, milestone birthday, or event, and then directing monetary gifts to the trust over time.

When your child gets to be an age specified in the Trust, he or she can step into the role of Co-Trustee of the Trust, learning how to operate the trust and best utilize the funds in the Trust. He or she will be trained on the best types of investment for the Trust, learn the purpose of the Trust (to encourage the creation of wealth from one generation to the next, rather than the squandering or wasting of assets); how to protect it (keep the investments in the name of the Trust, regardless of how funds are used, so always title investments properly and sign on behalf of the Trust); and how to create more wealth in the future using the Trust assets.

One of the main goals of my law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call my office today to schedule a time for us to sit down and talk so we can identify the best strategies for you to ensure your family receives a legacy of love and financial security.

inheritance 91024Baby boomers are set to inherit up to $8.4 trillion over the next 15 years, according to The Center for Retirement Research at Boston College. And while receiving an inheritance can be exciting, there are complicated issues to be worked through, including transferring the emotional attachment you had with your parents to the assets they left behind for you.

A recent New York Times article which explored this issue found that some boomers tend to get “stuck” when deciding what to do with their inheritance, letting large sums languish in low interest accounts for years. Others use the windfall to open their lives up to new possibilities, like starting a business or even retiring.

Here are some tips on how boomers should plan for a future inheritance:

Create your own estate plan first. You may be expecting an inheritance, but no one knows what the future will bring so create your own estate plan first (this is especially critical if you have children of your own). Remember, part of your estate planning should also include a prospective plan for your future inheritance.

Do some tax planning. Inheritances can include cash, personal property, a valuable collection of some sort, investments or real estate, so the assets contained within your inheritance need to all be examined for potential tax liability.

Look to the future. Many boomers feel an obligation to protect and preserve the inheritance for their own children, while others may want to benefit charities or have other plans for what remains after they are gone. Your own estate plan should address ways to protect and pass on your assets in the most tax-advantaged way possible.

Use your inheritance. Financial experts advise that boomers should not just sit on an inheritance, but should explore ways they and their loved ones can best benefit from it. Inherited money should not be treated as a memorial; instead, use it as your parents no doubt intended it – as a way to make a better life for yourself and your family.

To learn more about putting the proper legal and financial protections in place for your family, contact our office to schedule a time for us to sit down and talk. We normally charge $750 for a Family Estate Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call 626.355.4000 today and mention this article.