Imagine if you will: Your children are signing a check, payable to the IRS for estate taxes totaling over a million dollars. Your children are being forced to liquidate your business, real estate and personal property, all at a fraction of their true value. Almost half of everything you own, your lifetime of effort, is being thrown away in estate taxes!
Hard to imagine? Yet time after time, case history tells us that most people who die with a net worth over a few million dollars end up paying hundreds of thousands of dollars, often millions, in unnecessary estate taxes.
Why? Not because they didn't care about their families. More likely, it's because they made one or more of the these common estate planning mistakes:
- Thinking that because you have wills and trusts, that your estate plan is "all taken care of."
- Believing that property held in "living trusts" and/or "joint tenancy" does not go through probate and is therefore not subject to estate taxes. Not true. Probate or non-probate, these assets are still part of your taxable estate.
- Thinking that the unlimited marital deduction makes it possible to avoid estate taxes.
- Underestimating your estate settlement costs. Depending upon when you die, and what congress decides to do regarding estate tax rates, large estates are likely to continue getting tagged with huge estate tax liabilities and remain clearly in the crosshairs of most politicians. For most wealthy families, this is the highest single tax you'll ever pay. Most estate owners are unaware of the confiscatory nature of this tax and the impact it will have on their family.
- Failing to address the fact that any money in a pension, profit sharing, or IRA plan could end up being "double taxed," resulting in a loss of up to 70% of these dollars!
- Believing that liquidity will protect your family from the devastation of estate taxes. Liquidity does nothing to solve the problem of shrinkage.
- Procrastinating. Most people spend about 40 years (80,000 hours) building their estate, yet they spend less time planning their estate than their family vacation!
If you care about your family, you can avoid these mistakes. And if you've been successful enough to build an estate over a few million dollars, you need to go beyond the traditional A/B trusts, living trusts, and pour-over wills. Ask your advisors about the applicability in your situation of CRT's, QPRT's, ILIT's, GRAT's, GRUT's, FLP's, etc. If they are not familiar with these tools and techniques of advanced estate planning, you should probably seek another advisor, regardless of how much time or money you've spent on your current plan.
If your estate was worth spending a lifetime to build, it must be worth preserving for your family!
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Byron Udell is founder, president and chief executive officer of AccuQuote. With more than 23 years of industry knowledge, Udell is widely acknowledged as one of the nation’s foremost life insurance and annuity industry experts. His expertise is often called upon by the national media, including CNN, Forbes, Money, Kiplinger’s, The Wall Street Journal, The New York Times, and many others to comment on various life insurance issues.In addition to his law degree (JD), Udell has earned the Chartered Life Underwriter (CLU), Chartered Financial Consultant (ChFC), and Certified Financial Planner (CFP) professional designations.
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Procrastination is so easy when it comes to addressing our own mortality. After picking up a copy of Kathy Lane's book called Die$mart, I realized how important estate planning was to me and my family. My retirement account has taken a tremendous beating over the last year. Now, more than ever, I felt the need to protect what was left. Die$mart gave me the ability to ask the right questions about taxes and to seek the proper professionals required to give me peace mind that I’ve done what I could to protect my family and my assets. http://www.diesmart.com/
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Here are two quotes from U.S. Appeals Court Justice Learned Hand (1872-1961). . .
"There are two tax systems in this country: one for the informed and one for the uninformed."
and
"Anyone may so arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes."
. . .from the court case Helvering vs. Gregory
Financial and estate planning pays off. Don't leave it to chance.
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In Helvering vs Gregory when it got to the Supreme Court the taxpayer did lose............. sometimes there is a fine line between a scam and what is legal and that line shouldn't be crossed unless you haev the resources to go all the way,
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