By Robin S. Davis, CFP®
Most large estates require more extensive distribution planning upon death or disability than just a simple will in order to save on estate taxes and avoid probate. Federal gift and estate tax laws allow you to transfer a certain amount of assets free from tax. Estate Planning ensures that your wealth is distributed to the people you want, the way you want, with minimal cost and delay.
Estate Planning is like health insurance. You don’t know what you have until you need to use it! With health insurance, you can change your plan if you have to. With trusts and wills, you may be incapacitated or deceased when your family finds out it wasn’t properly executed, and your assets may not be distributed according to your wishes. I have reviewed many taxable estates that were given poor estate planning advice.
An estate is taxable when it exceeds the exemption allowed by law. You are able to pass to your heirs a tax free amount of $2,000,000 in 2007 and 2008, and $3,500,000 in 2009. The maximum tax rate for a taxable estate over $2,000,000 this year is 45%. By utilizing all of the tax reduction strategies allowed by Federal law, you can greatly decrease this liability to your heirs.
The best advice I can give to a client with a taxable estate is to make sure you have your estate planning needs analyzed by a competent, experienced estate planning attorney. The hard part is the IRS expects professionals in my industry, including financial planners, tax preparers, and estate planning attorneys, to plan your financial future based on today’s tax rules, and then they change the rules. An attorney that specializes in the area of wills, trusts, family limited partnerships, etc. will be able to keep up with these changing laws more competently than a general attorney who tries to cover all areas of law.
Federal law also allows you to give up to $12,000 per year in 2007 (adjusted for inflation over time) per person to as many people as you like without paying gift taxes. Likewise, the recipient of the gift is not subject to income taxes. Giving away the maximum allowable gift to the people you love is one of the easiest ways to lower the taxability of your estate and allows you to enjoy watching your heirs save or spend the money. I have always said it is much nicer to give with a warm heart than with a cold one. The bottom line is you can give it to the people you choose, or give 45% of what you could have gifted free, to the IRS.
Another Estate Planning strategy is giving money to charities, either while you’re alive, or at your death. The money you give to a good cause can be replaced to your heirs with the creative use of life insurance. The process of using life insurance as a wealth replacement plan can be complex and beyond the scope of this article, but could be an inexpensive way to pass a defined amount of assets to your beneficiaries. Done properly, proceeds from a life insurance policy can be completely estate and income tax free to the recipients. It is definitely worth discussing with your attorney to see if your circumstances warrant this type of estate planning.
Don’t let your estate be a ticking time bomb. I urge you to discuss your estate plan with your children to ensure there are no surprises upon your death or disability and everyone can work together to carry out your wishes. This is especially important if you are naming one or more of your children as the executor of your will, or trustee of your trust, who will be responsible for the distribution of your assets to their siblings or other family members.
Since Estate Planning is very complex, and subject to changing laws, I highly recommend you seek professional advice from a qualified attorney. It is better yet if your attorney is willing to work with your financial advisor and tax preparer so that you have a team of professionals who are all working together to help you accomplish the best plan for your situation. The money you spend now to plan your estate properly can mean more money for your family and other beneficiaries.