Estate Planning
Estate planning is an important part of your strategy to exit the business. If not done properly you may place your family and business in jeopardy.
Estate planning is a process. It involves people—your family, other individuals and, in many cases, charitable organizations of your choice. It also involves your assets (your property) and the various forms of ownership and title that those assets may take. Most importantly, it addresses your future needs if you become unable to care for yourself.
Through estate planning, you can determine:
- How and by whom your assets will be managed for your benefit during your lifetime if you ever become unable to manage them yourself.
- When and under what circumstances it makes sense to distribute your assets during your lifetime.
- How and to whom your assets will be distributed after your death.
- How and by whom your personal care will be managed and how health care decisions will be made during your lifetime if you become unable to care for yourself.
Many people mistakenly think that estate planning only involves the writing of a will. A will is part of the planning process, but you will need other documents as well to fully address your estate planning needs. Estate planning, however, can involve financial, tax, medical and business planning.
There are many issues to consider in creating an estate plan. First, ask yourself the following questions:
- What are my assets and what is their approximate value?
- Whom do I want to receive those assets—and when?
- Who should manage those assets if I cannot—either during my lifetime or after my death?
- Who should be responsible for taking care of my minor children if I become unable to care for them myself?
- Who should make decisions on my behalf concerning my care and welfare if I become unable to care for myself?
Once you have some answers to these questions, you are ready to seek the advice and services of a qualified lawyer. A lawyer can help you create an estate plan, and advise you on such issues as taxes, title to assets and the management of your estate.
How do I reduce my estate taxes?
Generally this is done through gifting assets such as highly appreciated stock into a trust for the benefit of a spouse and children or for the benefit of charitable organizations, or gifting away interests in closely held business entities. Once the assets or business interests are gifted away from the owner and into the trust, they can no longer be included in the owner's estate for tax purposes.
I want to create a legacy…
Different types of trusts can be established not only to minimize or eliminate estate taxes, but to also create an ongoing legacy for your future generations. Many states allow trusts to continue for hundreds of years or even in perpetuity, thereby allowing their residents to establish dynasty trusts for their current and future family members. Others choose to create a legacy in their community by setting up charitable trusts or foundations that will provide a self-perpetuating endowment for years to come.
How can I protect my assets?
For those who have accumulated even minimal wealth, the fear of losing it all to a lawsuit can become a great concern. Many advanced trusts, such as Legacy Trusts, can not only help to minimize estate taxes, but offer the added protection against judgments and divorce decrees. In fact, self-settled domestic and offshore trusts are specifically designed to keep assets held in these trusts away from creditors.
Talk with a Value Link Advisor about these and other strategic estate plans that protect your estate and your family.