Author: Michele Braverman

 3 Examples of When an Irrevocable Trust Can—and Should—Be Modified

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Did you know that irrevocable trusts can be modified? If you did not, you are not alone. The name lends itself to that very misconception. However, the truth is that changes in laws, family, trustees, and finances can frustrate the trustmaker’s original intent when the trust was created. Or, sometimes, an error in the trust document is identified. When this happens, it is wise to consider changing the trust, even if that trust is irrevocable.

Here are three examples of when an irrevocable trust can, and should, be modified or terminated:

  1. Changing tax law. Adam created an irrevocable trust in 1980 that held a life insurance policy. Due to the federal estate tax exemption at that time, Adam needed a tool that would remove the value of the proceeds from his estate at his death. To facilitate this, an irrevocable life insurance trust was created to own the life insurance policy and be the beneficiary of the proceeds at Adam’s death. Today, the federal estate tax exemption has significantly increased and Adam no longer needs to worry about removing the life insurance proceeds from his estate to avoid estate taxation at his death.  
  1. Changing family circumstances. Barbara created an irrevocable trust for her grandchild, Christine. Now an adult, Christine has a disability and would benefit from government assistance. According to the current instructions for how money is to be given to Christine, Barbara’s trust would unintentionally disqualify Christine from receiving much-needed government assistance.
  1. Discovering errors. David Sr. created an irrevocable trust to provide for his numerous children and grandchildren. However, after the trust was created, his son (David Jr.) discovered that his son (David III) had been mistakenly omitted from the document.  

Are you sure your trust is still working for you?

If you are not sure whether an irrevocable trust is still a good fit or if you wonder whether you can benefit more from your trust, we are happy to meet with you so we can analyze your current trust. Perhaps modifying or terminating your irrevocable trust is a good option. Making that determination simply requires a conversation about your goals and a review of the trust itself. Please call our office now to schedule time to review your current trust or discuss the potential benefits that a trust can provide to address your unique situation and goals.

Do Not Leave Your Trust Unprotected: 6 Ways a Trust Protector Can Help You

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Trust protectors are commonly used in the United States. Essentially, a trust protector is someone who serves as an appointed authority over a trust that will be in effect for a long period of time. Trust protectors ensure that trustees maintain the integrity of the trust, make solid distribution and investment decisions, and adapt the trust to changes in law and circumstance.  

Whenever changes occur, as they are bound to do, the trust protector has the power to modify the trust to carry out the trustmaker’s intent. Significantly, the trust protector has the power to act without going to court—a key benefit that saves time and money and honors family privacy.  

Here Are 6 Ways a Trust Protector Can Help You 

Your trust protector can take the following actions:

  1. Remove or replace a trustee who is not performing their duties appropriately or is no longer able or willing to serve
  1. Amend the trust to reflect changes in the law
  1. Resolve conflicts between beneficiaries and trustees or between multiple trustees
  1. Modify distributions from the trust in response to changes in beneficiaries’ lives such as premature death, divorce, drug addiction, disability, or lawsuits
  1. Allow new beneficiaries to be added when new descendants are born  
  1. Veto investment decisions that might be unwise

Warning

The key to making a trust protector work for you is to be very specific about the powers available to that person. It is important to authorize that person, and any future trust protectors, to fulfill their duty to carry out the trustmaker’s intent—not their own. 

Can You Benefit from a Trust Protector?

Generally speaking, the answer is yes. Trust protectors provide flexibility and an extra layer of protection for the trustmaker’s intent as well as for the trust’s accounts and property and its beneficiaries. Trust protector provisions can easily be added to a new trust, and older trusts may be changed to add a trust protector. If you have created a trust or are a beneficiary of a trust that feels outdated, call our office now.

If You Own Any of These Assets, You Need to Watch Their Value

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As we begin 2024, it is crucial to review estate planning goals and strategies that may be affected by changes in the federal estate tax exemption law. At the end of 2025, the Tax Cuts and Jobs Act (TCJA) the estate tax exemption, which is $10 million, adjusted for inflation, may revert to the pre-2017 exemption amount, cutting it almost in half. Depending on the types of accounts and property you own, you may need to pay close attention to their value.

You may need a complete reevaluation of your most significant investments and property to ensure that they are protected. The following items may have steadily increased in value over time, potentially creating major estate tax issues:

  • Business interests
  • Life insurance
  • Real estate

For people with significant wealth, each of these items alone may not put you over the estate tax limits, but the combination could. 

Your Business

With the uncertainty surrounding the estate tax exemption, developing a comprehensive business succession plan is crucial, especially if your goal is for the business to continue on after you have retired or passed away. Consider strategies such as gifting shares to the next generation or creating a family limited partnership. 

The last thing you want to do is sell your business or farm that may have been in your family for generations (if farming is your occupation) to satisfy a looming estate tax bill. Not only would this be a financial and emotional loss, but it may also result in the loss of jobs for your family and other employees. 

Your Life Insurance Policies

Life insurance policies may be an essential part of your estate plan. Review your life insurance policies to ensure that they are used effectively for your estate planning goals with the federal estate tax exemption in mind. Increasing policy values could put you over the potentially lower lifetime exemption limit. Consider the following:

  • You need to determine how much life insurance to purchase. By meeting with an experienced insurance agent and financial planner, you can ensure that you have the right amount of coverage to adequately plan for your loved ones.
  • The ownership of the policy can affect estate tax liability. Transferring ownership of the policy to an irrevocable life insurance trust (ILIT) may allow you to remove the value of the policy from your estate and protect the death benefit on behalf of your chosen beneficiaries.

Multiple Real Estate Properties

Real estate can pose specific challenges in estate planning. Reassess the current value of your properties to ensure accurate tax planning, keeping the potential decrease in the estate tax exemption in mind. Depending on the economic climate, your real estate may be far more valuable than when you first acquired it. You might consider using trusts, such as qualified personal residence trusts (QPRTs), to transfer real estate to heirs while minimizing estate tax exposure. You might also consider creating an entity, or multiple entities, to own the real estate. This strategy may be able to offer additional asset protection for you and your loved ones.

Stay Informed with the Help of Professionals

The estate tax landscape is evolving, and it is important that your estate plan stays up to date. We would love to collaborate with your trusted financial and tax advisors to update your comprehensive estate plan. Your situation and family dynamics are unique, and your plan must be customized to your specific circumstances to adequately protect your property and minimize potential tax liabilities well before the estate tax exemption sunsets at the end of 2025. 

Clients Who Need to Think about Estate Tax Changes

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You want to ensure the efficient financial management and transfer of your clients’ wealth from one generation to the next. For people with significant wealth, successful strategies include minimizing the impact of estate taxes. The Tax Cuts and Jobs Act (TCJA), passed in 2017, introduced considerable changes to the estate tax law. Many of these changes will sunset at the end of 2025, potentially reversing the estate tax exemption of $13.61 million to somewhere between an estimated $6.4 and $7 million. This means that more people will likely be subject to the federal estate tax.

Certain clients, including business owners, farmers, and those with large investment portfolios, may need to reevaluate their estate plans this year.

Estate Tax Planning for Business Owners

Business owners should be acutely aware of the impending sunset of the TCJA tax exemption provisions. Many family-owned businesses may not be subject to federal estate tax at the current exemption amount. However, if these exemptions revert in January 2026, it may become necessary to revisit business succession planning strategies. If your client is not prepared, a significant estate tax bill may require a payment plan with the Internal Revenue Service (IRS). It could also result in liquidating or selling the business, leading to income loss for the owner and job loss for family employees and others.   

Start by reevaluating the business and property, including equipment, inventory, liabilities, earnings, and projected earnings. Encourage your business owners to consider options such as gifting or using family limited partnerships to minimize their business and estate for tax purposes.

Estate Tax Planning for Farmers

Farmers often have much of their wealth tied up in land, and the sunset of the TCJA tax exemption provision can significantly affect their estate planning. While the increased exemption limits currently protect many farmers from federal estate tax, the sunsetting of the high exemption amount in January 2026 may change this. Like with other business owners, it may be necessary to reevaluate their succession plan. Planning ahead could help the farmer’s loved ones avoid being hit with a monstrous estate tax bill, requiring an IRS payment plan, potential sale of the farm, and lost jobs. 

Work with your high-net-worth farmers to explore options like land valuations, gifting strategies, and structuring irrevocable trusts to protect their farmland, crops, equipment, equity, and retirement funds. As with other businesses, entity formation such as family limited partnerships or limited liability companies could also be beneficial in mitigating estate taxes, depending on the circumstances. 

If your client is getting ready to sell their farm, talk to them about deferring capital gains by structuring an installment sale or creating a related-party trust for the benefit of kids or grandkids. 

Estate Tax Planning for Clients with Large Investment Portfolios

In preparation for the potential sunset of the TCJA provisions, clients with large investment portfolios should revisit their allocation of stocks, bonds, and other investments. They should take a closer look at basis planning and ways to minimize capital gains tax liabilities for heirs.

Clients with substantial investment portfolios should consider revising their gifting strategies. While the higher exemption limits are in place, they can gift items to loved ones or create trusts to shelter money and property from estate taxes. The 2024 gift tax limit is $18,000 per individual.

One of the most common and effective strategies for high-net-worth estate planning is establishing trusts for complex situations, such as protecting savings for future generations. If your clients are relying on their portfolio to support their loved ones after the clients’ death, you may need to evaluate how quickly items in their portfolio can be transferred or liquidated in case of an emergency. 

Charitable giving can be another effective way to reduce estate tax liability. Help your clients explore options like charitable remainder trusts (CRTs) or charitable lead trusts (CLTs) to support both charitable causes and estate planning goals.

Educating Your Clients

As the sunset of the TCJA at the end of 2025 approaches, you should proactively guide your clients through options for changing estate tax strategies with the worst-case scenario in mind—reduction of the exemption amount. Business owners, farmers, investors, and high-net-worth professionals all need to reassess their estate planning strategies and investigate the tax implications for heirs when redistributing property.

Many clients who are currently exempt from federal estate taxes may face significant tax liabilities in the future. The key to successful estate planning is flexibility, adaptability, and staying ahead of regulatory changes to achieve your clients’ goals effectively.

Case Study: How Concerned Should You Be about Estate Tax Issues?

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If you have significant wealth, you may be exposed to future estate tax burdens that must be acted on before the Tax Cuts and Jobs Act reduces the estate tax exemption in 2026. Developing and implementing the right estate planning and tax strategies takes time. You may need to prepare regardless of whether the estate tax continues at its current level or if it is cut in half. This means strategizing to minimize your estate tax liability now.

Does This Sound Like You?

Meet the Andersons, a well-off family living in a state with a high cost of living. Robert Anderson, the father, is a successful entrepreneur who built a thriving business over the years. His wife, Sarah, is an accomplished artist, and together they have accumulated a substantial estate of $8 million each, for a total of $16 million. Their estate is primarily composed of their business assets, valuable artwork, life insurance, a family residence, a vacation home, and other lucrative investments. They have two adult children, James and Emily, both actively involved in the family business.

Their Unique Estate Tax Situation

With the generous federal estate tax exemption set at $10 million adjusted for inflation per individual in 2017, steadily increasing to $13.61 million in 2024, the Andersons have felt relatively secure about avoiding estate taxes. Their primary concern has been preserving the family legacy and ensuring a smooth transition of their assets (business, accounts, and property) to the next generation. They had taken some initial estate planning steps, such as creating a will, discussing the use of a family limited partnership, and exploring gifting strategies to transfer the assets to their children gradually.

If the estate tax exemption drops to $5 million adjusted for inflation, the Andersons may face several estate tax issues that require professional advice and assistance before the end of 2025. The Andersons need to find other ways to protect their money and property.

Business Succession Planning

The family business represents a significant portion of the Andersons’ estate, and the sunsetting of the higher exemption amount could have profound implications for its continued viability. Robert and Sarah need to develop a comprehensive business valuation and succession plan now to minimize the total estate tax burden and ensure a smooth ownership transition to James and Emily later.

Property and Investments

Given the potential changes in the estate tax landscape, the Andersons need to revisit the valuation of their financial accounts, retirement and life insurance investments, personal property, real estate, and artwork to ensure accurate assessments. Then they need to determine which items will affect the estate tax calculation and any remaining exemption they have left from prior legacy planning. Depending on their assets’ values, these items can easily put them over the potentially soon-to-be lower estate tax exemption, exposing them to a 40 percent tax rate. 

Lifetime Gifting

With the uncertainty surrounding the estate tax exemption, the Andersons may want to consider accelerated lifetime gifting strategies to reduce their taxable estate while the higher exemption is in place. The Internal Revenue Service declared in 2019 that individuals who take advantage of the increased gift tax exclusion from 2018 to 2025 will not be negatively impacted after 2025 if the exclusion amount drops. Gifting up to $13.61 million in 2024 has a zero tax liability. But gifting over $6.4 million in 2026 may have major consequences.

Life Insurance

The Andersons may want to use life insurance to ensure that their loved ones are provided for at their passing. They may want to consider creating an irrevocable life insurance trust to own the life insurance policy and be the recipient of the death benefit. This removes the value of the policy from the Andersons’ estate and protects the death benefit for their chosen beneficiaries. 

Marital Deduction Planning

The significant portfolios of high-net-worth and ultra-high-net-worth families may require advanced tax planning techniques, including an AB trust, to optimize each spouse’s estate tax exemption and potentially minimize their estate tax liability. At the client’s death, an amount equal to the current estate tax exemption amount is placed in one trust, which uses the exemption, and the remainder is placed in a second trust for the surviving spouse’s benefit, which qualifies for the unlimited marital deduction. This results in no estate tax being owed at the death of the first spouse.

Portability and the Deceased Spouse Unused Exemption Amount

Spouses are able to give an unlimited amount of money and property to each other without having to worry about estate or gift tax. Because of this, some clients may not have an estate tax issue at the first spouse’s death because everything (or a substantial portion) went to the surviving spouse. Because they are utilizing the unlimited marital deduction, the deceased spouse’s exemption is not needed. However, even if this is the case, it may be advisable to file an estate tax return at the first spouse’s death to document how much of that deceased spouse’s exemption is being used, if any, and that the remainder is going to the surviving spouse. This will allow the surviving spouse to add the deceased spouse’s unused exclusion (DSUE) to the surviving spouse’s own exemption amount and apply that combined amount against their own estate at the time of death.

Charitable Giving

If the Andersons are philanthropically inclined, another great option would be to engage in charitable giving through the use of a charitable remainder trust. Setting up this type of trust can be time-consuming—sometimes the process is fairly straightforward but often highly complex, requiring advanced planning and consideration.

Contacting a Trusted Advisor

If your situation is similar to the Andersons, expert guidance is necessary to address estate tax issues and help you evaluate the impact of the potential sunsetting of the higher estate tax exemption amount on your estate. Contact us to learn more about strategies to protect, preserve, and pass down valuable property. 

Case Study: Clients Who May Need Your Help with Estate Tax Planning

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Your clients and their loved ones may be exposed to future estate tax burdens, and the time to act on the sunsetting Tax and Jobs Act is now—not in 2025. Developing and implementing the right estate planning and tax strategies takes time, so you are sure to be busy as the deadline approaches. 

Which Clients Should You Reach Out To?

Meet the Andersons, a well-off family living in a state with a high cost of living. Robert Anderson, the father, is a successful entrepreneur who built a thriving business over the years. His wife, Sarah, is an accomplished artist, and together they have accumulated a substantial estate of $8 million each, for a total of $16 million. Their estate is primarily composed of their business assets, valuable artwork, life insurance, a family residence, a vacation home, and other lucrative investments. They have two adult children, James and Emily, both actively involved in the family business.

Their Unique Estate Tax Situation

With the generous federal estate tax exemption set at $10 million adjusted for inflation per individual in 2017, steadily increasing to $13.61 million in 2024, the Andersons have felt relatively secure about avoiding estate taxes. Their primary concern has been preserving the family legacy and ensuring a smooth transition of their assets (business, accounts, and property) to the next generation. They have taken some initial estate planning steps, such as creating a will, discussing the use of a family limited partnership, and exploring gifting strategies to transfer assets to their children gradually.

If the estate tax exemption sunsets to $5 million adjusted for inflation, the Andersons may face several estate tax issues that require professional advice before the end of 2025. The Andersons need to find other ways to protect their money and property.

Business Succession Planning

The family business represents a significant portion of the Andersons’ estate, and the sunsetting exemption could have profound implications for its continued viability. Robert and Sarah need to develop a comprehensive business valuation and succession plan now to minimize the total estate tax burden and ensure a smooth ownership transition to James and Emily later. 

Property and Investments

Given the potential changes in the estate tax landscape, the Andersons need to revisit the valuation of their financial accounts, retirement and life insurance investments, personal property, real estate, and artwork to ensure accurate assessments. Then they need to determine which items will affect the estate tax calculation and any remaining exemption they have left from prior legacy planning. Depending on their assets’ values, these items can easily put them over the potentially soon-to-be lower estate tax exemption, exposing them to a 40 percent tax rate that could cost them millions. 

Lifetime Gifting

With the uncertainty surrounding the estate tax exemption, the Andersons may want to consider accelerated lifetime gifting strategies—including contributions to tax-advantaged accounts like 529 plans for their grandchildren—to reduce the taxable estate while the higher exemption is in place. The Internal Revenue Service declared in 2019 that individuals who take advantage of the increased estate and gift tax exclusion from 2018 to 2025 will not be negatively impacted after 2025 if the exclusion amount drops. Gifting up to $13.6 million in 2024 has a zero tax liability. But gifting over $6.4 million in 2026 could have major consequences.

Life Insurance

Help your client determine how much life insurance they may need to ensure that their loved ones are provided for at their passing. They may want to fund an irrevocable life insurance trust to own the life insurance policy and be the recipient of the death benefit. This removes the value of the policy from the Andersons’ estate and protects the death benefit for their chosen beneficiaries

Marital Deduction Planning

The significant portfolios of high-net-worth and ultra-high-net-worth families may require advanced tax planning techniques, including an AB trust, to optimize each spouse’s estate tax exemption and potentially minimize their estate tax liability. At the client’s death, an amount equal to the current estate tax exemption amount is placed in one trust, which uses the exemption, and the remainder is placed in a second trust for the surviving spouse’s benefit, which qualifies for the unlimited marital deduction. This results in no estate tax being owed at the death of the first spouse.

Portability and the Deceased Spouse Unused Exemption Amount

Spouses are able to give an unlimited amount of money and property to each other without having to worry about estate or gift tax. Because of this, some clients may not have an estate tax issue at the first spouse’s death because everything (or a substantial portion) went to the surviving spouse. Because they are utilizing the unlimited marital deduction, the deceased spouse’s exemption is not needed. However, even if this is the case, it may be advisable to file an estate tax return at the first spouse’s death to document how much of that spouse’s exemption is being used, if any, and that the remainder is going to the surviving spouse. This will allow the surviving spouse to add the deceased spouse’s unused exclusion (DSUE) to the surviving spouse’s own exemption amount and apply that combined amount against their own estate at the time of death. 

Charitable Giving

If the Andersons are philanthropically inclined, another great option would be to engage in charitable giving through the use of a charitable remainder trust. Setting up this type of trust can be time-consuming—sometimes the process is fairly straightforward but often highly complex, requiring advanced planning and consideration.

Your Role as a Trusted Advisor

Clients like the Andersons require your expert guidance to address potential estate tax issues and evaluate the impact a potential sunsetting of the high estate tax exemption amount may have on their estate. After reevaluating a list of their most significant items and investments, you can provide options for protecting, preserving, and passing down valuable property.

Finding the best strategy may require collaboration with other trusted professionals. We welcome the opportunity to collaborate with you to develop a comprehensive plan to protect your clients. 

What Is Not Taxable Today Might Be Taxable Tomorrow

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Counting Down to 2026: Will We Keep the $10 Million Estate Tax Exemption?

The year 2026 is fast approaching, and it brings substantial changes to discuss with your clients regarding estate taxes. The Tax Cuts and Jobs Act (TCJA) introduced a significant increase in the federal estate tax exemption, setting it at an impressive $10 million, adjusted for inflation, per individual. However, the countdown has begun for the potential sunset of this generous exemption—what is not taxable today might be taxable tomorrow. 

History of the Estate Tax Exemption

Delving into the history of the estate tax exemption offers insight into arguments for and against its continuation. The federal estate tax was first enacted in 1916 to generate revenue for the government. Over the years, it has undergone various changes in exemption limits and rates.

The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) gradually increased the estate tax exemption and reduced the tax rate until it reached zero in 2010. However, the estate tax was set to return to the 2001 amounts for deaths occurring in 2011 unless further legislative action was taken. In 2011, the estate tax exemption was restored to $5.0 million.

Legislative Intent

In 2017, the TCJA was developed to stimulate economic growth and job creation. Doubling the estate tax exemption from $5.49 million to nearly $11 million was a key part of this strategy. At $13.61 million in 2024, it continues to adjust for inflation, offering individuals an unprecedented opportunity to pass on substantial wealth tax-free.

The TCJA’s Sunset Provision

A sunset provision was embedded within the TCJA. The increased estate tax exemption, which will reach $13.61 million in 2024, is set to expire on December 31, 2025. Without legislative intervention, it will revert to the 2017 limit of $5 million adjusted for inflation. Adjusting for inflation, the Congressional Budget Office estimates the exemption amount will be $6.4 million in 2026. This may create a potential estate planning crisis for high-net-worth families with larger estates who previously were not subject to the estate planning tax. These individuals must prepare for both scenarios—the sooner, the better.

Why the Current Estate Tax Exemption May Continue

Maintaining the high estate tax exemption could be seen as a move that benefits the wealthy, broadening the tax burden for others. It can also be seen as maintaining the status quo. And the current law ensures that most people will not be subject to federal estate taxes. 

A higher estate tax exemption was intended to foster economic growth and capital investment by allowing wealthier individuals and families to reinvest their wealth in businesses and job creation. Yet the federal government relies on estate tax revenue to fund various programs and initiatives and obviously will not want to reduce a lucrative revenue source. Without the estate tax, other revenue sources would have to foot the bill for these programs and face cuts in the benefits and services provided.

For the estate tax exclusion to remain at the higher amount beyond 2025, Congress will need to take action.

Why the Estate Tax Exemption May Revert Back

The TCJA was part of a short-term tax cut package. Lawmakers had to make room in the budget for the tax cuts introduced by the legislation. They did this by temporarily increasing the estate tax exemption. 

Proponents of sunsetting the estate tax exemption maintain that a lower exemption amount will generate more revenue by increasing the number of people who pay the tax and increasing estate tax exposure to those with net wealth above the current exemption amount. This means that people with estates valued at less than $10 million may once again be impacted by federal estate tax law. Estate tax revenues are projected to increase sharply after 2025 with the drop in the exemption amount. Over the 2021–2031 period, combined estate and gift tax revenues are estimated to be $372 billion. 

Commitment to the Trusted Advisor Role

As we begin 2024, it is crucial to inform your clients about the potential changes in the federal estate tax exemption and help them prepare for possible scenarios. Encourage them to review their estate plans to ensure that their money and property are protected and their financial legacy is preserved. There may be several strategies to navigate potential estate taxes effectively.

Advise your clients to make informed decisions based on the current legal framework before 2025 while keeping a watchful eye on any developments in the future. Preparation offers families new planning opportunities and peace of mind. Whether the exemption is set at $6.4 million or $13.6 million, it still provides protection from estate taxes. 

Should You Share Your Estate Planning Details With Loved Ones?

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When you decide to create a comprehensive estate plan, there are many things to consider. One is whether to tell your loved ones about your plan and how much information to share with them. Estate planning can be a complex and sensitive matter, so your choice may depend on your unique relationships with loved ones and your family dynamics. 

Sharing your estate plan with your loved ones can compromise the privacy of your financial and personal information. Some people therefore prefer to keep these matters private, especially when it comes to distributions of significant amounts of money or property. There are both advantages and disadvantages to revealing private information related to your estate plan. You can choose to communicate details relevant to specific individuals or offer a broader explanation to everyone involved.

Advantages of Sharing Your Estate Planning Details

Everyone Knows What to Expect

Estate planning deals with personal, family-specific situations. By discussing estate planning with your family, you can ensure that your loved ones are aware of how you have structured the money and property that may be transferred to them. Discussing matters up front will also give notice regarding who will be in charge if you cannot handle your affairs or when you die. This transparency can reduce confusion and conflict that can lead to disputes, disagreements, and even legal challenges later. Your loved ones will have the advantage of being prepared for what is to come.

Loved Ones Understand Your Wishes

Your estate planning documents, including your will, trust, and other directives, can sometimes be complex and subject to interpretation. When your loved ones know your wishes, there is less room for misinterpretation of your intentions. This is critical, especially in medical emergencies when decisions must be made quickly.

By sharing your intentions, you can explain your perspective and the reasoning behind your decisions, such as why you have chosen certain beneficiaries, trustees, or executors. This personal touch can help your loved ones appreciate the thought you have put into your estate plan.

When communicating your rationale for distributing money and property in a particular way, you can reduce resentment and promote understanding while you still have the opportunity. This can be particularly important if your plan includes provisions that may seem unequal at first glance. If a problem arises, you may be able to find resolutions and compromises in advance.

If you happen to have beneficiaries with special needs or specific financial requirements, sharing your estate plan ensures that your loved ones are aware of their responsibilities in caring for these beneficiaries and following your instructions to provide for them after you pass away.

You also have the chance to convey your values, beliefs, and objectives regarding your estate. This can be particularly important if your estate plan includes charitable contributions, specific bequests, or arrangements that reflect deeply held principles.

Administration Goes Smoothly

When your loved ones are informed about your estate plan in advance, those involved may be more likely to accept your wishes and cooperate during the administration, making the entire process more efficient. They will know who to contact and what to do. Being aware of the details reduces delays related to identifying your property and beneficiaries and allocating responsibilities. Your chosen decision-makers will already know their roles, which will minimize uncertainty and allow them to step in without hesitation when needed.

Your loved ones will also have contact information for professionals, such as estate attorneys, financial advisors, and accountants, who may need to be involved.

Loved Ones Can Ask Questions

When your loved ones know that you are willing to discuss your estate plan, it can create an environment of openness and trust, which extends beyond estate planning matters. Your loved ones may have questions or concerns, and this is the best time to address them. Together, you can work to find solutions or compromises that align with your wishes and address their needs and expectations for the best possible outcome.

You also have an opportunity to educate your family members about your financial and other estate matters. This knowledge can empower them to be better-prepared for their own financial futures and estate planning decisions. This can offer an additional layer of protection, knowing that your loved ones are proactively protecting themselves and their loved ones as well.

It is also possible that during your conversation with your loved ones, you might realize that important details or beneficiaries were inadvertently left out of your estate plan. Sharing your plan allows you to address any oversights and make necessary adjustments now.

Disadvantages to Sharing Your Estate Planning Goals 

Estate Plans Are Not Set in Stone 

In most circumstances, you have the legal right to change or update estate planning documents such as your will, trust, or beneficiary designations whenever you like, so long as you are mentally capable of doing so. Over time, your financial situation, family structure, or personal goals may change, prompting adjustments to your estate plan. Sharing your plan with loved ones today might create expectations, leading to confusion if you make changes later that affect their inheritance or role in handling your affairs. When loved ones anticipate different outcomes, it can result in temporary disputes or permanently strained relationships.

If you choose to discuss your current estate plan and make changes in the future, ensure the appropriate people are updated of the changes. Loved ones who are unaware can be caught off guard, creating conflicts during the administration phase.

Emotions and Disappointments

Sharing your estate plan may lead to disappointment among your loved ones. When a loved one is upset about the way you have structured your plan, their unhappiness can create emotional strain between you.

In some cases, sharing an estate plan can bring unresolved issues to the surface. When family dynamics are complex or strained, it can exacerbate the situation. Loved ones may have differing opinions about your choices, and these conflicts require difficult conversations to understand their concerns and work toward resolutions. This can be emotionally draining and time-consuming.

Knowing that your loved ones are upset can also disrupt healthy communication. They may be hesitant to express their concerns or objections, fearing that it could lead to further problems. This can also hinder your estate planning decisions. If this happens, you can work with a qualified estate planning attorney or mediator to help guide productive discussions among your loved ones.

Manipulation Tactics 

Your loved ones may express their opinions or desires regarding your estate plan and try to pressure you to make changes that you may not necessarily agree with. While it might be important to you that you consider their input, it can be tough to balance their wishes with your own, especially if you have specific reasons for your chosen plan.

They may use guilt, emotional appeals, or even threaten to cut ties with you if you do not modify your estate plan for them. You may feel significant pressure, particularly if you have a close or dependent relationship with the person trying to influence your decisions.

Attempts to manipulate your estate planning decisions can challenge your autonomy and the principles behind your estate planning goals. Your estate plan should reflect your own values and wishes, and you should make decisions based on what you believe is fair. Stand firm in your decisions and maintain the integrity of your estate plan.

Boundaries must be set with your loved ones to protect your own wishes and well-being. If you are influenced by emotional manipulation, it can lead to regrets and raise complex legal and ethical issues with the validity of your legal documents. It may be necessary to consult with an attorney or mediator to determine the best course of action.

Doing What Is Best for You and Your Loved Ones

Sharing your estate planning details with loved ones can offer several advantages, such as transparency and a smoother transition when you die or are unable to manage your own affairs. However, there are potential downsides, including possible disagreements between family members and pressure to change your plan. The decision to share your estate plan should be made carefully, taking into account your specific objectives and family dynamics. 

We can help ensure that your plan aligns with your goals and discuss with you the potential consequences of sharing your plan details with loved ones. Contact our estate planning attorneys today.

Why You Might Have an Estate Tax Issue Soon

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The Countdown Begins: Will We Keep the $10 Million Exemption?

The year 2026 is quickly approaching, bringing substantial changes that may affect your estate tax situation. The Tax Cuts and Jobs Act (TCJA) in 2017 significantly increased the federal estate tax exemption to $10 million adjusted for inflation. This is the amount you can gift or leave to your loved ones at your death without incurring a gift or estate tax liability. Any portion of the exemption used during lifetime reduces the total exemption amount available at death for estate tax purposes.

However, the countdown has begun for the potential sunset of this generous exemption by the end of 2025. Adjusting for inflation, the Congressional Budget Office estimates the new exemption amount will be $6.4 million in 2026. There are strong arguments for and against the changes in legislation. Whether the current exemption amount remains or is reduced to roughly $6.4 million, valuable insights from professional advisors can prepare you for either scenario. What is not taxable today might be taxable tomorrow.

History of the Estate Tax Exemption

The federal estate tax was first enacted in 1916 to generate revenue for the government. Over the years, it has undergone various changes in exemption limits and rates.

The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) gradually increased the estate tax exemption and reduced the tax rate until it reached zero in 2010. However, the estate tax was set to return to the 2001 amounts for deaths occurring in 2011 unless further legislative action was taken. In 2011, the estate tax exemption was reinstated at $5.0 million.

In 2017, the TCJA doubled the estate tax exemption from $5.49 million to nearly $11 million to stimulate economic growth and create jobs. The exemption continues to adjust for inflation, offering individuals an unprecedented opportunity to pass on substantial wealth free from federal estate tax.

The TCJA’s Sunset Provision

A sunset provision was embedded within the TCJA to limit how long the higher estate tax exemption could continue. Without legislative intervention, it will be cut in half to $5 million adjusted for inflation in 2026, creating a potential estate planning crisis for people with considerable estates on December 31, 2025. Adjusting for inflation, the Congressional Budget Office estimates the exemption amount will be $6.4 million in 2026.

If We Keep the Current Estate Tax Exemption 

Maintaining or increasing the already high estate tax exemption amount could be seen as a move that benefits the wealthy, broadening the tax burden for others. It can also be seen as maintaining the status quo. And the current law ensures that most people will not be subject to federal estate taxes.

A higher estate tax exemption was expected to foster economic growth and capital investment by allowing wealthier individuals and families to reinvest in businesses and job creation. Yet the federal government relies on estate tax revenue to fund various programs and therefore would not want to reduce a lucrative revenue source. Without the estate tax, other revenue sources would have to foot the bill for these programs and potentially face cuts in the benefits and services provided.

For the estate tax exclusion to remain at the higher amount beyond 2025, Congress will need to take action.

Why the Estate Tax Exemption May Revert Back

The TCJA was part of a short-term tax cut package. Lawmakers had to make room in the budget for the tax cuts introduced by the legislation. They did this by temporarily increasing the estate tax exemption. 

Reverting to a lower exemption amount is believed to generate more revenue by increasing the number of people who pay the tax and increasing estate tax exposure to those with net wealth above the current exemption amount. Estate tax revenues are projected to increase sharply after 2025, when the exemption amount is scheduled to drop. From 2021–2031, the combined estate and gift tax revenues are projected to total $372 billion. 

Preparing for Potential Estate Tax Changes

As we move into 2024, it is crucial to review estate planning goals and strategies that may be affected by potential changes in the federal estate tax exemption law. By working together with your other trusted advisors, we can reevaluate your current estate plan, investments, and property to ensure that you are protected and your financial legacy is preserved. 

The Passing of Senator Dianne Feinstein: Estate Plan Lessons for Blended Families

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Dianne Feinstein, the longest-serving female United States senator in history, passed away in September at the age of 90. First elected to the Senate in 1992, Feinstein leaves behind a political legacy that spanned nearly 31 years. She also leaves behind an estate that is thought to be worth tens of millions of dollars. 

Although a large amount of her wealth came from her marriage to the late billionaire financier Richard C. Blum, Senator Feinstein was also successful in her own right. During their marriage, Feinstein and Blum established a marital trust that is now the subject of a fierce legal battle between Feinstein’s daughter and Blum’s three daughters. 

A judge has ordered the dispute to be resolved in private mediation. While this could keep the final resolution outside public view, the legal drama offers lessons illustrating the need for careful estate planning in blended families. 

Feinstein’s Assets and Estimated Worth

One of the Senate’s wealthiest members, Feinstein had a personal net worth that is estimated at around $70 million. A financial disclosure form filed in May showed that she owned millions in a blind trust, several large bank accounts, and a multimillion-dollar condo in Hawaii. She also owned a mansion in Washington, DC, worth more than $7 million and a private jet that averages more than $61 million if purchased used.. 

Marital Trust and Legal Dispute

Feinstein and Blum married in 1980 and lived together in California, a community property state, until Richard’s death in 2022. Feinstein had one daughter, Katherine, with a previous husband. Blum had three daughters from a prior marriage. 

As the only daughter of Senator Feinstein, Katherine is set to inherit all of her mother’s personal wealth. She also stands to benefit from one-quarter of the estate left by Feinstein and Blum. But how much of that Katherine receives may depend on the outcome of a messy estate dispute. 

Upon Blum’s death, the trustees were required to fund assets into a marital trust to provide for Feinstein during her lifetime. The marital trust would be for the benefit of Dianne until her death, at which point Blum’s daughters would receive the remaining money and property. 

Three lawsuits were filed prior to Dianne’s death, with Katherine serving as agent under a power of attorney. Even after Dianne’s death, the lawsuits continue. They contain allegations of elder abuse, failure to properly fund the marital trust, and failure to reimburse Senator Feinstein for her medical expenses. One of the specific allegations is that the Stinson Beach home should have been sold but was instead used by Blum’s daughters at Feinstein’s expense. 

The lawsuits could be put on hold temporarily while Feinstein’s estate is probated. Katherine, however, should be able to continue her claims, possibly in a new role as executor of Feinstein’s estate. Shortly before the Senator’s death, a California judge ordered the lawsuits to be settled through mediation. 

Estate Planning Takeaways from the Feinstein-Blum Family Feud

Blended families, or stepfamilies, are increasingly becoming the norm. Around half of US families are now remarried or recoupled. 

While any family can succumb to infighting over inheritances, blended families may be more prone to disputes, especially when one spouse dies and the surviving spouse and children have differences of opinion. Significant assets, like those in the Feinstein-Blum estates, can further raise the stakes among heirs. 

The Feinstein-Blum estate plan is what estate planning attorneys characterize as a “yours, mine, and ours” plan, which deals with respective children differently and is common in blended families. However, careful planning is needed to prevent conflicts of interest in this type of arrangement. 

The trust at the center of the Feinstein legal dispute, for example, was set up so that, after Blum’s death, Feinstein received trust income during her lifetime, and remaining assets went to Blum’s daughters after her death. This created competing interests between Dianne, who needed money from the trust to pay for current expenses, and the Blum daughters, who had a motivation to preserve more trust assets for themselves. Leaving assets outright to Dianne, or to a trust where the remainder went to Katherine, while leaving other assets to Blum’s children, could have prevented this situation. 

In every family, blended or not, it is important to be as clear as possible about the terms of distributions. Here are a few other estate planning lessons from the Feinstein lawsuits: 

  • Be careful about naming trustees. If even some of the lawsuit allegations are true, it would mean that the trustees breached their fiduciary duties and that Blum may have made poor trustee choices. Trustees have a lot of power and should be chosen accordingly. Naming former business associates as trustees when Blum had a wife and stepdaughter might have raised questions about objectivity. 
  • The importance of communication. If heirs have no idea what to expect from an estate plan, they could be taken by surprise and be more likely to challenge the administration in court. Consider informing children, spouses, and parents about the structure of your estate plan to prevent any unexpected outcomes that might increase the chances of litigation. People could have strong feelings about certain assets. It is better that they voice them up front and make appropriate arrangements. 
  • Distribute trust assets promptly. Perceived delays in distributing trust assets appear to have deepened beneficiary suspicions about trustee management in this case. The trustee should administer the trust as expeditiously as possible after the death of the trustmaker. Legitimate delays can happen, and if they do, transparency and communication with beneficiaries may stave off a lawsuit. 

Protect Your Legacy and Loved Ones

Trust and estate litigation only makes things worse for grieving families. It can make a private family situation public—which undermines a major benefit of placing assets in trusts—drain away estate assets in legal costs, and irreparably damage relationships. 

Whether you have a blended family or a traditional family, careful estate planning can help prevent issues similar to those raised in the Feinstein-Blum matter. A thorough estate plan that includes provisions such as a statement of intent that explicitly describes goals for trust assets can reduce the chance of tensions between beneficiaries and ensure that your legacy is honored in the way you intend. 

For trust planning, administration, and litigation assistance, please contact our office.