Although estate tax laws may be uncertain, now is the time to review estate planning documents. This report from Schiff Hardin suggests tax-reduction strategies; defines required minimum distributions from retirement accounts; details developments in tax-related state law in California, Florida, Illinois and New York; and provides information on making tax-free gifts to children and grandchildren.
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Recent cases of misappropriation of client funds, breaches of fiduciary duty, theft and bankruptcy filings underscore the importance of qualifying one's 1031 qualified intermediary. This article from Strategic Exchange Advisors includes information of interest to any investor with real estate holdings in the United States.
How do you know you are selecting the trustee that is best for your individual needs? What responsibilities does the beneficiary have? This 2009 FOX Fall Forum presentation outlines what it means to be an effective trustee and beneficiary, decision criteria for trustee selection, and the process and framework trustees and beneficiaries can employ to manage trust and fiduciary decisions at both the macro and micro level.
With short-term interest rates currently near zero, this may be a good time to consider using intra-family loans, grantor retained annuity trusts and sales to intentionally defective grantor trusts.
Low interest rates are certainly disheartening for investors looking for income, but they also drive down key rates used in estate planning – a great benefit to those looking for low or no tax techniques for transferring wealth to family members. It is unlikely, however, that these rates will remain as low as they currently are.
The charitable lead trust can be used effectively for the ultra-wealthy to pass property, at death or during life, to charity and family members. The trust is particularly effective for individuals who want to address their charitable interests and also set aside money for future generations' medical, educational or other needs.
Designed to exist perpetually, promote family values and provide a substantial legacy, a dynasty trust takes the greatest possible advantage of a donor's gift tax and generation-skipping transfer tax exemptions. The trust property and the appreciation on that property remain in trust out of the family's successive estates. However, the flexibility of many dynasty trust state laws allows for the termination of the trust, if that were desired.
These harsh economic times should induce beneficiaries, fiduciaries and their advisors to review trust distributions and portfolio viability. Whether investment and inflation conditions get worse or improve, if everyone takes a long hard look at the economic reality and works together, they can devise a deliberate and practical trust plan that will maintain trust assets and satisfy objectives.
Financial planning for the education of children or grandchildren is crucial – not only for parents but also for grandparents and other relatives who can afford to help. But just putting aside the money may not be enough. It may be important to consider other options, taking into consideration strategies that minimize income, gift and generation-skipping transfer taxes.
The answer to whether to establish a Roth account or to roll over a traditional retirement account to a Roth is not always obvious because of the upfront tax cost associated with the Roth. Whether an individual reaps an offsetting benefit will depend on how long money remains in the account, the tax rates in effect when it is withdrawn and how the investments perform.