Let’s face it. Nobody likes to make mistakes. So it’s better to learn from someone else’s than to learn from your own. This is especially true when it comes to our finances and our loved ones.
In my last few blogs, I introduced you to estate planning, the various pieces of it, and the purpose of it. I think it is equally important to review mistakes that can be made with estate planning. My thought is, you’re going to do it, then let’s do it right.
No one can escape death, yet the biggest mistake people make is not having an estate plan at all, not even a simple will or power of attorney . Thoughtful planning for what may occur after your death is one of the most important things you can do to ensure your personal and financial affairs are handled properly when the inevitable occurs.
When you sign the legal documents at your attorney’s office and are handed a binder with all the documents, you still have more work to do to implement this plan, either doing it yourself or working with your financial planner and/or attorney.
Remember that the beneficiary designation forms for retirement accounts and life insurance policies trump your will. If you have one beneficiary on your retirement account and another on your will, the former will inherit the account.
Many people make the mistake of updating their wills to change beneficiaries without changing the beneficiaries for their 401(k) account. This often happens after a divorce.
Common events that affect your estate plan include changes in family circumstances (such as a child, marriage, or divorce), a new property acquisition, health issues, major tax law changes, and business profits. When you have minor children, you need to make provisions that won’t be necessary when they become adults. Your financial situation may change, and your estate plan should be changed along with it. You may accumulate wealth outside a retirement plan, buy real estate, or set up another profitable business.
With each of these life-changing events, it’s advisable to consult your estate attorney about more sophisticated estate strategies to transfer your wealth.
According to the Internal Revenue Code, gifts up to $15,000 a year per donee do not need to be reported. If you have a large estate that may be subject to estate tax when you die, you can start gifting now without using any of your own estate tax exemption.
Your spouse or child may not be the best person to handle your estate. It’s possible that someone else less personally invested can objectively handle the extensive duties and demands required of an executor, trustee, or guardian.
You can select a trust company to distribute assets to your beneficiaries rather than making your oldest child a trustee, which could mean the other children would have to ask for money from the trust for many years.
If, for example, you have a $3 million life insurance policy, that amount will be added to your estate along with your other assets when you die. Although the federal estate tax exemption is currently high, at $11.58 million in 2020, people with very high net worth and a large policy could find themselves over the exemption amount. Minnesota estate exemption amount is $3 million in 2020 and the highest estate tax rate in Minnesota is 16%. Many Minnesotans have more than $3 million estate.
However, with an ILIT (that we discussed in my last blog), you can gift at least $15,000 per year to the ILIT to pay annual insurance premiums (reducing your estate), and the death benefit from the insurance policy is paid to this trust upon your death. The trustee then manages and distributes it to your beneficiaries.
Unlike a revocable living trust, an ILIT avoids estate taxes as long as it follows the IRS rules.
If you want to leave stocks to your son during your lifetime, the best strategy is to do this when he is in a low tax bracket and not a dependent on your tax returns. If you transfer $15,000 of stock you have owned for at least a year, with a cost basis of $5,000 to him when he is making less than $52,400 earned income a year, and he sells the stock to realize long-term capital gains of $10,000, he’ll end up not owing any capital gains tax because current income tax laws offer no capital gains tax for those with lower incomes (i.e., single filer, taxable income of $40,000 in 2020).
If you sell the stock and give your son cash, you have to pay either 15 percent or 20 percent long-term capital gain taxes, plus a potential 3.8 percent net investment income tax, as you are not in a low tax bracket.
In addition, you don’t need to file a gift tax return because the gift is $15,000, the exact annual gift exclusion. Therefore, transferring stock to your son when he is earning very little is a good strategy for keeping more money in your family.
Wealthy business owners with private companies can reduce taxes by forming family limited partnerships to hold the businesses and then gift an ownership interest to children over time. The value of the gift is discounted because the IRS allows minority discounts, and there is a lack of liquidity discounts on privately-held companies.
There are ways to reduce the legal fees involved in settling your estate by setting up trusts and by properly designating beneficiaries to your life insurance and retirement accounts and turning your individual investment accounts into revocable living accounts.
There are also many ways to reduce the tax bill that would be due upon your death during your life. Make sure you talk to your financial planner and your estate attorney.
Estate planning can be a complicated process, so make sure to include an estate attorney and financial planner on your dream team and make sure they are working in tandem to help grow your wealth and guiding you to avoid many of the common mistakes people make when it comes to estate planning.
Next time, I will introduce you to Long Term Care: the value of having it, the costs associated with it, and the types available.
We all make mistakes. What is a valuable lesson you’ve learned from a mistake?