Estate Planning Precepts

Gift early and often.

  • Complete annual exclusion gifting early in the year
  • Take advantage of increases in estate tax exemption each year
  • Utilize lower gift taxes vs estate tax rates

Use compounding to your advantage. It’s the most powerful investment return.

  • Use techniques that transfer assets to the lowest generation possible as soon as practical
  • Pay attention to the sizing of the transfer

Be Ready When Life Happens.

  • Be flexible in planning and trust design because nothing works as planned
  • Consider the impact of divorce in all aspects of planning
  • Create trusts that are flexible
  • Set up advanced life directives for anyone over 21

Anticipate changes in tax rules.

  • Take advantage of favorable rules as soon as practical
  • Plan for IRS audit risks as well

All techniques have varying levels of risk components.

  • Mortality – factor for GRAT
  • Investment performance – factor for all freeze techniques
  • Audit risks – clearly communicate which techniques are governed by IRC Statute

Guard against creditors and predators.

  • Use trusts for asset protection
  • Recommend prenuptials
  • Select trustees and other management very carefully

Preserve Intent.

  • Document intent
  • Incorporate into legal documents to the extent possible, such as any charitable entity

Integrate Planning

  • Don’t ignore cash flow impact
  • Balance techniques to take advantage of low income tax rates

Carefully consider.

  • Plan to keep future generations motivated
  • Carefully consider use of trust to limit access to large amounts
  • Thoughtfully decide the appropriate age at which the next generation should serve either as trustee or co trustee and ages of distribution

Be Mindful of Morals and Ethics.

  • Have conversations about values that have guided the family
  • Incorporate those values and beliefs into the integrated approach to wealth management and into charitable entities
  • Share the plan with the entire family

Run the numbers.

  • Document impact today, at death, and for surviving generation for each planning technique
  • Do no harm, i.e., don’t benefit one generation at the high expense of another

Implement – The most important process of estate planning.

  • Don’t do anything you don’t understand and read everything before you sign
  • Inform the family
  • Solicit input from other trusted advisors
  • Understand that wealth transfer is a marathon, not a sprint
  • Prioritize techniques in order of potential impact and risks

Use the best, forget the rest.

  • Choose valuation, investment, legal and accounting professionals carefully
  • Choose advisors that work well with peers
  • Insist on understanding downside risks of each technique

Communicate.

  • Ensure that advisors understand your objectives before they start
  • Be comfortable asking questions – there is no such thing as a stupid question, but no questions can lead to poor design