You May Be Surprised at Some of the Documents We Recommend When It Comes to Estate Planning and Generational Wealth Transfer.
Leaving a lasting legacy for your family requires thoughtful planning now. If not handled correctly, intergenerational wealth transfers can create havoc within the family.
Below are six documents that you should have to protect the wealth and harmony of the family.
It may astound you just how many people do not have an updated estate plan reflecting their most current desires. Indeed, studies show that up to 68% of Americans may have no estate plan at all. Equally disturbing is that even if these estate plans are updated to reflect the desires of the benefactors, many are woefully inadequate when it comes to addressing federal and state inheritance or estate taxes.
You should review your estate plan(and update it if need be) at least every three years. Additionally, an estate plan should be updated if circumstances in the family change, such as a birth, death, marriage, or divorce.
You should also update the estate plan if you relocate to a different state; varying state laws impact probate and taxes.
A comprehensive estate plan should include a will, durable power of attorney, and a living will/health care power of attorney.
Trusts can be an essential tool in estate planning for the very wealthy. Particularly with the expiration of the Tax Cuts and Jobs Act looming in 2025, trusts may be coming back in vogue to address a potentially decreased lifetime exclusion.
Trusts can come in all shapes and sizes and can accomplish much, but they also have limitations. Truly understanding your situation, including your finances, concerns, and goals, is a necessary prerequisite to creating the appropriate trust.
In most instances, you should draft a personal property memorandum designating to whom their personal property, such as jewelry, automobiles, and collectibles, should go. Because state law governs estate plans, some states do not recognize a personal property memorandum.
While not necessarily legally binding, this document is noteworthy for its focus on the emotional aspects of the relationship outside of the will and trust. A legacy letter can be beneficial in explaining specific bequests and communicating wishes to the heirs once you have passed.
The legacy letter can be particularly helpful if there is an unequal distribution of assets or wealth at the parent's death. It is also a great way to communicate your last hopes and wishes.
As with all the documents discussed above, a family governance plan should be in place before you need it. You can think of it as a conflict management policy, outlining roles and responsibilities in an emergency. It can also address how to resolve conflicts within your family: conflicts can arise over money, family investments, the family vacation home, or any other dissension-triggering item (you would be surprised). You may also want to address the "family mission" and any continuing philanthropic efforts.
Further, you'll want to outline the "next steps" so that everybody understands their role if the founders are incapacitated, compromised, or unavailable. Some call this a "just in case" plan or a "person in charge" (PIC) plan; whatever you call it, there should be some contingency plan in place. This way, during a crisis, there won't be any jockeying for position, power grabs, infighting, coalitions, or hard feelings.
If there is a family business, there should also be a succession plan in place, particularly if several family members are involved. Too often, we see things handled informally for decades, resulting in misunderstandings that create significant issues between adult children.
It is essential to address some of these issues and formalize as much as possible while everybody is healthy and willing to work together, as well as when lines of communication are still open. This way, everybody understands the impact on their future and the expectations when succession occurs.
At Clayton Financial Group, we help our clients achieve their life plans and take their growth and security seriously. We are an independent boutique advisory firm with national coverage and decades of industry experience.
Contact us today if you need help with investment, tax, risk management, estate, or other planning.
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