New Jersey Estate Planning » Advanced Estate Planning

Estate Planning is a Matter of Timing — And Counseling

Victor Medina — Wed, 30 Jun 2010 02:15:07 +0000

In March, Dan Duncan became the first billionaire to die in this year of an federal estate tax repeal — that is to say, no federal estate tax at all. Assuming no retroactive changes, Duncan may be the first billionaire to pass his wealth onto his children and grand-children free of estate tax.

This article by the New York Times focuses most of its analysis on the impact of the estate tax repeal and the timing of this death. In my educational seminars, I spend a few minutes telling folks tongue-in-cheek that Choosing The Wrong Year To Die is a “common estate planning mistake.” My point, besides making a joke, is that the law is ever-changing. The estate plan that is right on target today may be obsolete or rendered ineffective by changes in the law in the future. That’s why it is so essential to engage a lawyer who has a consistent and deliberate formal updating process as an integral part of their practice. Some estate planning attorney call these “client maintenance” or “client care” programs – whatever the name, make sure your attorney has one.

However, timing is just one element of an effective estate plan. The other part is finding a professional who understands the law and the rules who can work them to your benefit. There’s a saying that there are two tax systems in this country. No, not one for the rich and one for the poor – rather, it’s one for the informed, and another for the uninformed. Without the proper planning, couples with an estate of $2MM could pay $550,000 in federal estate tax if they both passed away next year (2011). With proper planning, the total federal estate tax due by that same couple drops to zero ($0).

As with income taxes, there are some people who (legally) pay much less than folks who make the same amount per year. The difference is that the couple who paid less income tax engaged the services of a profession who understood the rules and how the system works, identifying opportunities and benefits that are not self-evident – and which would never occur to the lay person.

The value of a professional is not in the documents he creates. It’s in the knowledge and experience that enable him to tell you what you should do.

No matter what you year you may die.

Posted by Victor Medina, Medina Law Group, LLC

Colbert Report Platinum Club — Estate Tax Repeal

Victor Medina — Thu, 14 Jan 2010 17:35:54 +0000

I thought folks would be up for a change of pace. Here is what Steven Colbert thinks about the estate tax repeal. Pick it up at the second segment at minute 12:00. Enjoy.

Dotting the “I“s and Crossing the “T“s in the Family

Victor Medina — Sat, 12 May 2007 16:15:05 +0000

A common tool for a sophisticated estate plan is the creation of a Family Limited Partnership (FLP) or Family Limited Liability Company (FLLC). Basically, these entities allow grantors to get a discount on the assets that they contribute to the FLP or FLLC. That discount is based on a number of factors, but two of the biggest ones are a lack of control and a lack of marketability for the units that are given in exchange for the contributed assets.

Too often the grantors, their family or their counsel don’t take the necessary steps to protect the planning tool against a collateral attack by the IRS pursuant to Section 2036 of the Code. Some of the things you should consider are:

1) No comingling of partnership assets. In fact, keep the personal use assets out of the FLP or FLLC (vacation home, residence, etc.).
2) Establish a pro rata distribution (if any)
3) Avoid implied agreements, where the senior family member transfers almost all of the assets to the FLP or FLLC, and retains insufficient assets on which to support the lifestyle.

There are a number of actions you should take before, or upon, the formation of the FLP or FLLC, but that’s for another post and may be too late for some people.