Key Questions to Discuss with Your Estate Planner

By Trilogy Financial
March 8, 2023
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Estate planning is an essential step to help protect the wealth that you've spent your life building. Meeting with an estate planner will help to create a comprehensive plan that will allow your assets to effectively pass to your assigned beneficiaries. Creating this initial plan can feel overwhelming, and we are here to help you prepare.

Here are five important questions you can expect to discuss with your estate advisor as you start to plan for your future.

How Would You Like Your Wealth to Pass to Your Heirs or Elsewhere?

The basis of your estate plan is where you want to direct your wealth and how you'd like that to happen. No matter how large or small your estate is, you'll need to decide how it should be distributed among children, grandchildren, other family members or favorite charity organizations. For example, this could mean leaving different parties a percentage of your total assets, or leaving one child your business and another child your vacation home.

It’s important to also think about whether you want your beneficiaries to receive their inheritance all at once or not. If you have a disabled child requiring lifelong care on your list, or someone who needs a little extra help managing their money, you may want a trust or annuity structure in place to pay out the inheritance in increments.

What Can Be Done to Prevent Costs and Conflicts for Your Heirs?

Costs for your beneficiaries are most likely to come up if your estate needs to go through probate, which is the process by which a court distributes your assets. In addition to financial costs, there are other reasons to avoid probate. Probate can be a long and exhausting process – meaning, your heirs will not be able to access your estate right away. If you have dependents who will rely on the money in your estate, this can be an especially serious concern. In addition, probate adds your estate information to the public record, which you may want to avoid. There are several strategies your financial advisor might recommend to avoid probate. These include placing assets in a trust and moving funds into joint accounts with your beneficiaries.

Conflict among heirs is another common concern, especially in families where conflict already exists. While the legal documents included in your estate should help minimize disagreements and make it more difficult for someone to contest your wishes, communication during your lifetime is important as well. Disagreements often surround specific items like jewelry or sentimental pieces rather than your financial assets. Labeling these items, writing a letter of instruction and starting to pass on these things during your lifetime can all help make your intentions clear.

How Can You Reduce Your Tax Burden?

After a lifetime of working to earn your money, you likely want to direct your wealth to your loved ones rather than the government. In 2023, only estates valued at $12.92 million (or $25.84 million for some married couples) or more may be subject to the federal estate tax. If, upon your death, the total value of your estate is less than the applicable exclusion amount, no federal estate taxes will be due.

Depending on the state you live in, your heirs or your estate might also be subject to state estate or inheritance taxes. If taxes are a concern for your estate, there are several ways to reduce your tax burden.

One simple option is to start passing money along during your lifetime. Based on the 2022 gift tax exemption limit, individuals can give up to $16,000 per recipient per year. This lets you give money directly to your children or grandchildren while reducing the value of your estate, which will reduce your tax bill. Other options include a marital trust, which allows one spouse to place assets in trust for the other spouse, and an irrevocable life insurance trust, which can pay for life insurance premiums with tax-deductible funds and then avoid estate taxes later on.

Are You Already Working with Financial Professionals?

If you're already working with an estate attorney, a financial planner or a tax professional, it's important for your estate planner to understand the strategies your existing financial team has recommended. You'll want to make sure that all of these members of your team are working together so you aren't paying for duplicated efforts or conflicting suggestions.

If you aren't already working with a financial team, your estate planner may recommend that you do so depending on the details of your estate plan. If you have complex tax concerns, you might need to talk to a tax expert. Depending on the type of trust that you wish to establish, you may need an estate attorney to set it up.

How Will Changes in Your Life Change Your Estate Plan?

Your estate plan should have the flexibility to adapt to changes in your lifestyle, family structure or life expectancy. Your initial plan will be based on your current circumstances, but you should consider potential future concerns and possible solutions.

Divorce and Remarriage

Divorce and remarriage are common life changes that can affect your estate plan. If you remarry, you may not want your new spouse to manage the inheritance of your children from the first marriage. This can create the need for a new trust to be established. In addition, if you have more children in later marriages, you will again need to update your estate plan.

Life Expectancy and Medical Issues

There are other lifestyle considerations that might change as well. For example, if based on your family history you expect to live into your 90s, you might not want to start giving away assets to avoid estate taxes. And if medical issues arise and your life expectancy changes, you will likely need to adjust your plan.

While you won't need to make any decisions based on hypotheticals, it's a good idea to discuss the possibilities.

How to Get Started?

Your estate plan is a key component of your Life Plan. To create an estate plan that addresses the above questions and any other concerns you may have, you'll need to start by finding the right estate advisor. Talk to the Trilogy Financial team to take control of your finances today while maximizing your future opportunities.

Download your free Estate Strategies eBook to learn how to protect your estate.

 

family happy after meeting with estate planner
family happy with estate planning and secure future

 

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By
Mike Loo, MBA
January 9, 2019

A recent survey found that among Millennial parents, nearly half have received financial support from their Baby Boomer parents in the past year, and 69% received financial support specifically for their own young children.(1) Another poll found that 3 in 4 parents with adult children have helped them pay both debts and living expenses.(2)

Clearly, it is common practice nowadays for parents to provide financially for both their adult children and their grandchildren. Many Baby Boomers are at a place where they are financially secure and have the desire to give their kids a leg up from where they were at the same age. For 2019, up to $15,000 can be gifted from one individual to another without having any tax effects. Many parents are reaching that limit with their gifts to their adult children for their own expenses and gifts to their grandchildren to fund their education and contribute towards their future well-being.

When Your Parents Give You Money

One-Time Gifts

The first thing you have to do is decide what to do with the money. Whether or not it is a one-time gift or will be ongoing will greatly influence your decision. If it is a one-time gift, it likely cannot be used to enhance your current lifestyle. Rather, you could use it to strengthen your current position by paying down debt. You could also use it for a one-time luxury, such as a vacation. Another good use would be to invest it to prepare for the future.

Of course, what you choose to do with the money will depend greatly upon your current financial situation and goals. If you decide to save it for the future, that brings up another set of questions. Where should you put the money? What kind of investment opportunities are available? How soon do you plan on needing it? The answer to each of those questions will determine what you do with the money, whether you put it in a money market account, invest in a brokerage account, or use it to fund your retirement accounts.

Ongoing Gifts

Though they are usually more beneficial, ongoing gifts are actually harder to plan for. You have to ask the same questions as above, but you also have many more options. If it will be a regular gift, you could use it to enhance your lifestyle instead of merely paying down debt or taking a vacation. Or you could use it to take advantage of a business opportunity that wouldn’t be feasible otherwise.

The hard part about ongoing gifts is knowing how safe it is to depend on them. If you make decisions based on the gift, what happens if it doesn’t come or is given sporadically? Many people fear sounding greedy or ungrateful if they ask their parents about money that they expected to receive but didn’t. The dependability of the gift money and the kind of relationship you have with your parents should be taken into account when planning for ongoing gifts.

One thing to be careful of, especially with ongoing gifts, is to not let it affect the stewardship of your own money. It is easy to change good habits and loosen the reins on your spending when you have extra money coming in. But is that wise?

Your parents are giving you money because they want to help you. Are they really helping you if you are simply becoming more careless? You should apply the same careful money habits as you would without the gift, even if it creates enough margin where you wouldn’t have to. Remember, what your parents give you is a gift. It is not required nor guaranteed, and you should manage it with that in mind.

When Your Parents Give Your Children Money

A lot of the same issues apply when your parents gift your children money or give it directly to you but for their benefit, especially when you aren’t sure if the gift will be regular and are not comfortable asking.

First, you need to decide if you should use it to meet current needs or future ones. If you save the money for your children’s college education, it could help them pay for a better school, get a better job, and avoid student debt. But if the money is spent today, it could pay for their childcare and thereby enable you to save more for retirement or get a house in a better school district, which could lead to a better education, admission to better colleges, and scholarships to avoid debt. There is no one right answer and it requires careful consideration of your family’s own unique circumstances and priorities.

College Funding

If you do decide to save the money for your children’s future, that brings up another host of questions. Where is the best place to put the money until you need it? A savings account? A 529 Plan? An UTMA? The answer will depend on a number of factors, including how liquid you want the money to be without penalties and how much control you want to maintain over the money. There are a number of options available to you, each with its advantages and disadvantages.

When saving for college, you need to have a target goal in mind. It is important to estimate the cost of college for your child in order to measure how much you need to be investing, the types of investments you should use, and to monitor your progress. Another reason to have a set goal is to avoid overfunding a college account. There should be a stopping point where you no longer invest in a 529 but rather divert the funds elsewhere. While leftover 529 accounts can be transferred to family members or have the funds removed with penalties, it may be better to simply avoid overfunding them in the first place.

Multiple Children

Having multiple children makes things even more complex because it can be hard to keep things fair and equitable. What happens when your parents, who gave a lot towards your firstborn, begin to taper off the gifts with subsequent children? Or perhaps the same amount was given, but it was divided by more and more children? What can you do so that the later children are not at a disadvantage?

Also, what happens when the gifts begin after you already have more than one child? If your parents start funding a college account when your first child is 5 and your second is 1, then the second may end up with a much higher balance upon entrance to college. What can you do and what should you do to help balance things out?

How I Can Help

These are some of the questions that arise when parents gift money to their adult children and grandchildren. Depending on the scenario, things can quickly become complex. Not only do you have to decide what to do with the money, weighing the benefits and opportunity costs, but you have to decide the best way to accomplish your goals with that money.

This is a common situation that my clients find themselves in when they turn to me for help. Together, we first determine the circumstances in which the money was given and the intent behind it. If your parents had a specific purpose in giving you the money, it is often best to honor that purpose.

Next, we discuss how you can use the money in a way that doesn’t distract you from your goals or cause you to become financially irresponsible. We talk through different scenarios in advance and address the “what-ifs” that could occur in each in order to develop a solid plan. My clients really enjoy having me there as a sounding board to bounce ideas off of, as well as to hear my insights based on the experience that I have had myself and with other clients.

If you’ve found yourself the recipient of financial gifts from your parents, or just need someone to help you sort through your own finances, call me at (949) 221-8105 x 2128 or email me at michael.loo@lpl.com. I would love to partner with you so that you can make wise financial decisions to build a secure future for you and your family.

(1) https://s1.q4cdn.com/959385532/files/doc_downloads/research/2017/Millennial-Parents-Survey-Key-Findings.pdf

(2) https://www.creditcards.com/credit-card-news/pay-adult-childrens-debt-poll.php

By
Steve Hartel, MBA, AIF®
March 19, 2018

In 2001, the Securities and Exchange Commission (SEC) adopted a new rule to supposedly prohibit mutual fund names that may mislead investors about a fund’s investments and risks. The rule required a fund with a name suggesting that the fund focuses on a particular type of investment (e.g., “stocks” or “bonds”) to invest at least 80% of its assets accordingly. Previously, funds were subject to a 65% investment requirement.

This rule resulted in many funds changing their names, changing their investments, or both. In general, things are better now than they were before the 2001 rule. However, today’s mutual fund names and categories can still be confusing and/or misleading.

Blurred Boundaries

For example, let’s look at names that connote where the fund buys its investments. These names usually contain words like “Domestic,” “International,” “Global,” and “World.” Imagine a Domestic Large-Cap fund, whose name suggests it buys large, U.S. companies. But if the fund owns mostly companies in the S&P 500 Index, those companies might be generating up to 50% of their revenues outside of the U.S. The large multinational firm might be based in the U.S. but do business in countries all around the world. The opposite may be true of funds with “Global” or “World” in their name; those companies based in foreign countries may be deriving some or all of their revenue from dealings with the U.S.

Undefined Jargon

Another confusing category of funds is called “smart beta”. Investopedia defines Beta this way1:

“Beta is a measure of the volatility, or systematic risk, of a security or a portfolio in comparison to the market as a whole. Beta is used in the capital asset pricing model (CAPM), which calculates the expected return of an asset based on its beta and expected market returns.”

Got that? Let’s assume you totally understand beta and CAPM. So, what is “smart” beta? If beta is a measure of volatility, then a reasonable person might assume that “smart beta” is a more intelligent measure of volatility, right? Let’s see if the definition of smart beta contains the word “volatility.”

Investopedia defines smart beta this way2:

The goal of smart beta is to obtain alpha, lower risk or increase diversification at a cost lower than traditional active management and marginally higher than straight index investing. It seeks the best construction of an optimally diversified portfolio. In effect, smart beta is a combination of efficient-market hypothesis and value investing. Smart beta defines a set of investment strategies that emphasize the use of alternative index construction rules to traditional market capitalization-based indices. Smart beta emphasizes capturing investment factors or market inefficiencies in a rules-based and transparent way. The increased popularity of smart beta is linked to a desire for portfolio risk management and diversification along factor dimensions, as well as seeking to enhance risk-adjusted returns above cap-weighted indices.

Hmm. Not a single mention of volatility. Are you confused yet?

Growth, Aggressive Growth, Capital Appreciation, Equity Income

Growth sounds good, but how is it different from capital appreciation? Don’t they mean the same thing? Does aggressive mean faster, riskier, meaner, or something else? Equity income funds are supposed to be stocks that pay dividends, right? So, what category do you think the Dividend Growth Small & Mid-Cap Fund3 is? It has both “dividend” and “growth” in its name, but are they separate or together? Does the fund invest in companies whose dividends are growing, or does it invest in growth companies that also pay dividends? An investor would need to read the fund’s prospectus to find out for sure. I’m sure all good investors thoroughly read those prospectuses from cover to cover.

Reporting Problem

The SEC requires mutual funds to report complete lists of their holdings on a quarterly basis. So, the manager of the hypothetical Blah-Blah Domestic Large Cap Fund could buy a bunch of foreign small-cap stocks on January 1 and hold them until March 28. Then, the manager could sell them and replace them with domestic large-cap stocks, and report on March 31 that the fund was properly holding domestic large cap stocks as required. On April 1, the manager could buy back the foreign small cap stocks and repeat that process every quarter.

Conclusion

Mutual fund names and categories are more informative than they used to be, but they can still be quite confusing or misleading. Investors (and advisors) need to do their due diligence, fully read those prospectuses, and closely follow the actions of the fund managers. Is your advisor recommending mutual funds? Are they confident of what’s really in those funds? Are you? If you have any questions about the mutual funds in your portfolio, email me at steve.hartel@trilogyfs.com and I if I can’t answer your question, I will find someone who can.

  1. https://www.investopedia.com/terms/b/beta.asp
  2. https://www.investopedia.com/terms/s/smart-beta.asp

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