How to Make the Next 100 Days Impactful

What comes to mind when you think of spring? 

Maybe it is blooming flowers, buzzing insects, singing birds, or the fresh smell of the earth after a rain. Your thoughts might turn to outdoor pursuits as the days grow warmer and longer. Memorial Day is not far off, marking the unofficial start of summer. Soon, the summer solstice will arrive, followed by the Fourth of July, the kids going back to school, and Labor Day. 

Before lamenting how quickly the time has passed and what you never got around to doing, it can be helpful for your personal, professional, and financial well-being to step back and give some thought and energy to reevaluating your goals and priorities for the next 100 days. 

Spring is an opportune season for housekeeping, both literally and metaphorically. It is time to throw open the windows of your life, let in the fresh air, and catch up on the small chores that often get pushed aside amid modern life’s frenetic pace—including dusting off your estate plan, clearing away outdated documents, and tidying up your financial house.

Goodbye Winter, Hello Spring (Cleaning) 

According to the American Cleaning Institute (ACI), 80 percent of Americans engage in an annual spring-cleaning routine.1 The top areas people target in their homes are those that tend to get overlooked in daily and weekly cleaning, including floors and baseboards, storage spaces, windows, and areas behind furniture.2 

Atop our list of dreaded places to clean are the spaces that are hard to access (such as underneath appliances) and have accumulated a winter’s worth of grime (e.g., bathrooms, vents, and basements). However, 80 percent of Americans also told ACI that cleaning those filthy spots is better than at least one other seasonal activity: doing their taxes.3 

Spring cleaning has roots in cultures and religious traditions that date back centuries, including the Jewish practice of cleaning homes to remove chametz (leavened bread) for Passover and the Iranian tradition of khaneh tekani (“shaking the house”) before the Persian New Year.

Some Christian traditions, such as cleaning the church altar before Good Friday or cleaning for Lent, also have elements of spring cleaning. In China, a thorough cleaning of the house before the Lunar New Year is a tradition that incorporates religious practices and symbolizes sweeping away ill fortune to make room for positive energy in the coming year. 

In nineteenth-century America, the custom of spring cleaning took hold as pioneers swept out the soot and grime from winter’s coal once warmer days allowed open windows.

A spotless house can have a therapeutic effect that gives you a sense of control and the peace of mind that your family is living in a clean, safe environment. The same thinking can also apply to your estate plan. 

In a recent survey, nearly one-quarter of Americans said that they have not updated their estate plan since creating it.4 Others have not touched it in the past 10 years and, for some, it has been 15 years or more.5

Like those spots under the couch and behind the refrigerator, your estate plan, if left untouched in a drawer, can gather dust. You need to occasionally take it out and clear away outdated beneficiaries, guardians, and powers of attorney; spruce up your list of assets; and scrub clean the dingy aspects of your plan so they clearly reflect your current life circumstances. 

For example, maybe you recently opened an investment account that has not been added to your estate plan. There could also be events, such as a birth, death, or marriage in the family, that affect your plan. If you do not polish up your plan once in a while, you risk a stain on your legacy by not leaving your money and property to the right people in the right way. 

With the dreaded tax season behind us, now is also a good time to dust off financial strategies for the year ahead, such as reviewing deductions, contributions, and estimated tax payments; organizing financial documents for the first half of the year; preparing for midyear adjustments; going over any changes to tax and estate planning laws; assessing asset allocations; and, if you filed a tax extension, preparing for the October 15 deadline. 

Shifting from Tax Breaks to Summer Break

Summer vacation is something you may look forward to year-round but start preparing for months in advance. However, if you do not give your vacation plans a once-over in the weeks and months leading up to departure, you could find that there are some spots that need a touch-up. 

Many Americans skipped their summer vacation last year due to affordability concerns.6 However, more than one-third were so committed to traveling over the summer that they said they were willing to go into debt to pay for their trip.7 

If you plan to vacation this summer, you can get your pre-getaway ducks in a row by taking the following steps: 

  • Schedule bill payments
  • Inform your bank and credit card companies about your plans to avoid account freezes or card blocks
  • Secure travel documents (e.g., passports and insurance cards)
  • Check local laws at your destination to avoid legal, cultural, and safety and security issues
  • Ensure that your financial and healthcare powers of attorney are valid, accurate, and, for international travel, recognized in the country you plan to visit

An Estate Plan for All Seasons

Aligning our personal and professional lives with the natural rhythm of the seasons and the rituals surrounding it can help us feel more grounded. Viewed in this context, estate planning is not just about documents—it reflects the dynamic, ever-changing flux of life and the need to harmonize with it. 

Seasons change, lives change, and estate plans should change as we encounter certain natural milestones and key life events, such as birth or adoption; a beneficiary reaching adulthood; illness, death, or disability in the family; starting a job or closing a business; or a significant change in asset values or net worth. 

Life, like spring weather, can be unpredictable and change quickly. However, with the right plan and the right advisors in place, you can be prepared for whichever way the wind blows.

As you look ahead to the next 100 days, take time this spring to remove the cobwebs from your estate plan, sweep your financial floors clean, and clear the decks for a stress-free and enjoyable summer.

To discuss updates to your estate plan, call us.

  1. Are You Ready to Clean Behind the Couch? Americans List Their Spring Cleaning Targets, Am. Cleaning Inst. (Mar. 4, 2025), https://www.cleaninginstitute.org/newsroom/2025/are-you-ready-clean-behind-couch-americans-list-their-spring-cleaning-targets↩︎
  2. Id. ↩︎
  3. ACI Survey: 80% of Americans Now Spring Clean Every Year, ACI (Mar. 6, 2024), https://www.cleaninginstitute.org/newsroom/2024/aci-survey-80-americans-now-spring-clean-every-year↩︎
  4. Victoria Lurie, 2025 Wills and Estate Planning Study, Caring (Mar. 31, 2025), https://www.caring.com/caregivers/estate-planning/wills-survey↩︎
  5. Id. ↩︎
  6. Katie Kelton, Survey: More Than 1 in 3 American Travelers Plan to Go into Debt for Their Summer Vacations This Year, Bankrate (Apr. 22, 2024), https://www.bankrate.com/credit-cards/news/survey-summer-vacation ↩︎
  7. Id. ↩︎

Spring Cleaning and Planning

President Trump’s First 100 Days in Office

President Trump entered office having won the electoral college and with relatively strong approval ratings. On his first day in office, he issued over 25 executive orders, and in his first 30 days, he issued more than 70,1 seeking to make good on his promises to transform the federal government, ignite an economic boom, and revive the American Dream.2 

The Trump administration has been unable to produce much in the way of legislation, however; the president has run into political and economic realities that have slowed his momentum and made it harder to deliver on his promises, some of which could impact your estate planning and financial decisions. 

Estate, Tax, and Wealth Planning Implications of Trump’s Actions

Despite the many uncertainties facing Trump’s agenda, his administration has strongly signaled that tax-related measures are a top priority. 

Trump and Republicans want to extend many provisions from the expiring Tax Cuts and Jobs Act (TCJA) that the president signed into law in his first term.3 There could also be new tax cuts, such as Trump’s proposal to eliminate taxes on tips, overtime pay, and Social Security benefits.4 

Here are some of Trump’s and the GOP’s reported tax priorities for their economic package: 

  • Estate and gift tax. The TCJA doubled the estate and gift tax exemption to historically high levels that are set to expire in 2026. Senate majority leader John Thune introduced a bill in February to repeal the estate tax, sometimes referred to as the death tax.5 Further, a full repeal of the estate tax is reportedly part of the tax bill negotiations.6 Another option on the table is to extend the current exemption rather than repealing it outright. 
  • Individual and business tax cuts. The TCJA also included several provisions that benefit businesses and individual taxpayers, including pass-through income deduction, business expense deductions, changes to income tax brackets, mortgage interest and charitable donation deductions, an increased standard deduction, and additional tax relief via the Child Tax Credit. Extending the TCJA would likely keep these tax benefits in place.
  • State and local tax (SALT) deductions. The administration is considering removing or increasing the current $10,000 cap on SALT deductions imposed by the TCJA.7 This change would benefit taxpayers in states with high property and income taxes, allowing greater federal tax deductions.
  • Closing the carried interest loophole. Trump has stated his intention to close the carried interest loophole that allows investment managers of private equity and hedge funds to benefit from reduced capital gains tax rates on carried interest, provided a three-year holding period is met.8
  • Capital gains taxes. The TCJA separated tax-rate income brackets for capital gains and dividend income from the tax brackets for ordinary income. If the TCJA expires and this provision is not addressed legislatively, some taxpayers could face higher capital gains taxes in 2026. 

If you are currently affected by any of these TCJA tax laws, or if you are not sure whether they affect you, contact us so we can discuss ways to help you prepare for them ending in 2026 or being extended this year. 

For example, depending on your risk appetite and estate size, you may want to use gifting and trust-based strategies to lock in currently high exemption levels or sell some of your highly appreciated securities now to avoid potentially higher capital gains in 2026.9 

Control What You Can Control

While we hope to get more legislative clarity in the next 100 days of the Trump presidency, you should focus on controlling what you can through your estate plan and aim to maintain flexibility. This includes doing things such as updating your will or trust, creating an incapacity plan, updating beneficiary designations on financial accounts and insurance policies, and talking to your attorney about ways to hedge against potential outcomes in your plan. That way, if any major policy changes that affect your finances and family do come to pass, you will be ready to make targeted adjustments. 

Maintaining flexibility and focusing on fundamentals are key during transition periods like the one we are experiencing now. For a steady and experienced hand to guide you through the transformations of Trump 2.0, reach out to our office and set up an appointment. 

  1. 2025 Donald J. Trump Executive Orders, Fed. Reg.: Executive Orders,  https://www.federalregister.gov/presidential-documents/executive-orders/donald-trump/2025 (last visited Apr. 21, 2025).  ↩︎
  2. Natalie Sherman, Has Trump Promised Too Much on US Economy? BBC (Jan. 17, 2025), https://www.bbc.com/news/articles/c17d41y70deo↩︎
  3. Preparing for the Expiration of the TCJA in 2025, Bloomberg Tax (Mar. 28, 2025), https://pro.bloombergtax.com/insights/federal-tax/what-is-the-future-of-the-tcja/#will-the-tcja-be-extended↩︎
  4. Alex Isenstadt, Scoop: Trump Lays Out Tax Priorities to House GOP, Axios (Feb. 6, 2025), https://www.axios.com/2025/02/06/trump-no-tax-on-tips-social-security-overtime↩︎
  5. Press Release, John Thune, Thune Leads Effort to Permanently Repeal the Death Tax (Feb. 13, 2025), https://www.thune.senate.gov/public/index.cfm/2025/2/thune-leads-effort-to-permanently-repeal-the-death-tax. ↩︎
  6. Kevin Frekin et al., Senate GOP Approves Framework for Trump’s Tax Breaks and Spending Cuts After Late-Night Session, AP (Apr. 5, 2025), https://apnews.com/article/senate-budget-tax-cuts-trump-485845a9c0b7dfc5d2194d4c1e4723ae↩︎
  7. Trump Tax Priorities Total $5 to $11 Trillion, Comm. for a Responsible Fed. Budget (Feb. 6, 2025), https://www.crfb.org/blogs/trump-tax-priorities-total-5-11-trillion↩︎
  8. Aimee Picchi, Trump Wants to Close the Carried Interest Tax Loophole, a Longtime Target of Democrats, CBS News (Feb. 7, 2025), https://www.cbsnews.com/news/trump-tax-taxes-carried-interest-loophole-hedge-funds↩︎
  9. How Did the Tax Cuts and Jobs Act Change Personal Taxes?, Tax Pol’y Ctr. (Jan. 2024), https://taxpolicycenter.org/briefing-book/how-did-tax-cuts-and-jobs-act-change-personal-taxes↩︎

Which Trust Is Right?

Evidence suggests that many people are establishing trusts as part of an estate plan. Some motivations for creating a trust include avoiding probate, preserving privacy, planning for incapacity, protecting a beneficiary’s inheritance from creditors, minimizing estate taxes, and charitable giving.

Financial advisors are intimately familiar with a client’s financial situation and goals. You may have clients whose needs or goals align with the advantages of a trust. You may want to open a dialogue with these clients about implementing a trust. While you may not be able to offer detailed guidance, you can introduce them to various available trust types and how a trust might fit into their financial and estate plans. 

Because of several converging trends—an aging population, rising asset values, a wave of wealth transfers, and pending tax law changes—clients may be interested now more than ever in a trust that can benefit them and create mutually beneficial arrangements between financial advisors and attorneys. 

How to Spot Trust Opportunities

A client may not directly bring up the subject, but trusts have been a hot topic of late in the estate planning world, and there are signs that demand for them will continue to heat up in the coming years. The National Association of Tax Professionals’ director of tax content and government relations said that more baby boomers are utilizing trusts because of concerns about the next generation mismanaging their inheritance. In addition, such concerns are “causing them to create trusts to pass assets efficiently, but with some control being exercised from the grave.”1

A guest post at Kitces.com says that advisors can start the conversation about estate planning by first identifying whether a client has an estate plan.2 Many clients likely do not; as of 2025, the number of Americans with a will is 24 percent and on the decline.3 

Some of the leading reasons why Americans created an estate plan—or would consider making one—include the death of a loved one, family expansion, travel, the purchase of a home or significant asset, health concerns, retirement or other age-related milestones, and national or world events.4 

Starting the Trust Conversation

With only around one-fourth of Americans having completed even a basic will,5 the idea of a trust may seem like putting the cart before the horse. Whether a client should establish a will instead of or prior to a trust depends on their circumstances, but both options can and should be considered. 

Reasons that clients may want to consider a trust include the following:

  • Having alarge estate (specifically a net worth exceeding the federal estate tax exemption or state-level exemptions for estate and inheritance taxes). If so, they could consider the following:
    • A grantor retained annuity trust allows the client to transfer assets to beneficiaries while retaining an income stream. 
    • A charitable remainder trust provides an income stream to beneficiaries, with the remainder going to a designated charity. 
    • A dynasty trust passes wealth down through multiple generations.
  • Desiring complex distribution instructions, commonly sparked by having blended families, beneficiaries with special needs, or beneficiaries who are prone to financial mismanagement or vulnerable to creditors. These scenarios could lend themselves to the following:
    • A spendthrift trust protects assets from creditors and prevents beneficiaries from squandering their inheritance. 
    • A supplemental needs trust enables a disabled beneficiary to receive financial support from the trust without affecting their eligibility for means-tested government benefits.
    • An incentive trust makes distributions to a beneficiary upon their meeting certain conditions, such as graduating, obtaining employment, getting sober, or volunteering for charitable organizations. 
    • A qualified terminable interest property trust provides for a surviving spouse while ensuring that the deceased spouse’s assets ultimately pass to their chosen beneficiaries when the surviving spouse dies. 
  • Being exposed to unique tax liabilities, such as having extensive real estate investments or owning a business. Possible trust solutions could include the following:
    • A qualified personal residence trust allows for the transfer of the client’s primary residence or, in some circumstances, vacation home, to a trust while retaining the right to live in it for a set period.
    • An irrevocable life insurance trust holds a life insurance policy that uses the death benefit proceeds to cover estate taxes or provide liquidity to the business after the client’s death.

This list barely scratches the surface of the diverse estate planning scenarios that trusts can address, from beneficiaries with specific or special needs to estates with complex assets or challenging family dynamics. 

While trusts offer various benefits, not all are the same. Bear in mind that the same trust type can also be used for different planning purposes or to simultaneously achieve multiple planning goals. A revocable living trust, for example, not only avoids probate but can also be used for incapacity planning and estate tax mitigation.

In addition, trusts can hold various types of assets, allowing clients to get creative by, say, transferring business interests into a trust for stronger asset protection and succession planning purposes. Clients can also name a trust on a beneficiary designation or transfer-on-death designation form to hold and manage the assets for their beneficiaries after the clients pass away. 

For a more comprehensive rundown on trust types, ways they can be utilized, and how they may fit into a client’s estate plan, schedule a time to talk. 

  1. Ronda Lee, More Americans are dealing with tax filings for trusts as older boomers pass away, Yahoo! finance (Apr. 5, 2023), https://finance.yahoo.com/news/more-americans-are-dealing-with-tax-filings-for-trusts-as-older-boomers-pass-away-211151632.html. ↩︎
  2. David Haughton, JD, CPWA, How Advisors Can Work With Attorneys To Drive Better Estate Planning Outcomes For Clients, Kitces (Apr. 29, 2024), https://www.kitces.com/blog/financial-advisor-estate-planning-attorney-planning-cooperation-roles-client-referrals. ↩︎
  3. Victoria Lurie, 2025 Wills and Estate Planning Study, Caring (Feb. 18, 2025), https://www.caring.com/caregivers/estate-planning/wills-survey. ↩︎
  4. Id. ↩︎
  5. Id. ↩︎

Things to Consider When Using Beneficiary or Transfer-on-Death Designations

Advisors often focus on big-picture and long-term planning. However, the devil is in the details, and even seemingly straightforward aspects of a plan—such as beneficiary designations—can have profound implications for our clients’ financial objectives and legacy goals. 

Beneficiary, transfer-on-death (TOD), and payable-on-death (POD) designations promise a smooth, probate-free handoff of assets that can save time and money. These tools take precedence over conflicting instructions in a will, but they are only as good as the care behind them. They need to be periodically reviewed to avoid being incomplete or out-of-date, which could potentially lead to unintended and detrimental consequences for the client and their loved ones.

Clients may be unaware of when they should consider changing their beneficiary designations and the steps they must take to make these changes. Client education can be extremely valuable in this area and strengthen the client-advisor relationship. 

What Can Go Wrong with an Incomplete or Outdated Beneficiary Form

A report from the ERISA Advisory Council looked at best practices for retirement and life insurance planning and ensuring that plan participant intent is carried out. It found that beneficiary designations that do not accurately reflect a participant’s intentions can trigger disputes about who is entitled to the plan benefits following their death. Common disputes described in the report include: 

  • Participants do not update beneficiary designations prior to their death to reflect significant life events, such as marriage, divorce, death of a loved one, or birth of a child;  such an oversight can initiate conflicts among the participant’s loved ones.
  • Participants and designated beneficiaries die simultaneously, raising issues about how survivorship rules affect the distribution of benefits and how state law comes into play.
  • Changes in service providers, administrators, or other factors could lead to lost or outdated beneficiary designations, resulting in plan benefits not being distributed to the intended beneficiary or requiring a probate administration.
  • The plan does not allow the chosen beneficiary designation, creating doubt about who should receive the benefit (e.g., some plans may not allow minors, certain trusts, businesses, or charities to be named as beneficiaries).1 

In addition to the unintended distribution of assets and disputes, an invalid, missing, or outdated beneficiary designation can result in the need for the accounts and property to go through probate, possibly causing payout delays and raising estate administration costs.

Assets that go through probate may also be subject to claims from creditors, reducing the final amount distributed to beneficiaries. Failure to properly identify or locate beneficiaries can cause further delays in the distribution process. 

According to the ERISA report, a unique challenge of maintaining beneficiary designation forms is that they can remain on file for a very long time, sometimes for decades, without review, increasing the likelihood that the original designation is “stale.”2 This long shelf life can also lead to the designation form being lost, especially when there are changes in plan administrators or service providers and the transfer process is not complete or thorough.

An Advisor’s Role in Maintaining Accurate Beneficiary Designation Forms

Routine tasks such as checking beneficiary designations may not always be the top priority in client relations. Yet it is in the details that we can sometimes make the biggest difference. 

Advisors can make it a best practice to review the designations on our clients’ accounts under our management and any life insurance or other products sold to them, including beneficiary forms. Incorporate the following steps into your review process: 

  • Be proactive. Make it a standard part of your regular client meetings instead of waiting for clients to initiate the beneficiary review. 
  • Dig into the details. Asking “Is everything up-to-date?” is a conversation starter, not the end of the discussion. Scrutinize the forms and ask specific questions such as the following:
    • Are these beneficiaries still the people you want to receive your accounts? 
    • Are the beneficiaries still living? 
    • Are they capable of managing the inheritance? 
    • Are you fine with them receiving an outright distribution, or do you want greater control over how the inheritance passes to them? 
    • In cases where more than one beneficiary is named, how hard is it to divide the money, and what is the potential for conflict?
  • Stress the “why.” Clients need to understand that beneficiary designations are more than routine paperwork. They ensure that the client’s hard-earned money goes where they intend, without undue delays, conflicts, or costs. Describe what can go wrong with an incomplete or outdated beneficiary form, and remind them that these forms take precedence over their last will and testament. 
  • Explain a trust as an option. For those clients who want more control over how their money is distributed to their loved ones, explain how a trust can provide added protections and flexibility (staggered payouts, for example), particularly when dealing with complex beneficiary situations such as a minor child, a loved one with special needs, or a beneficiary with creditor issues. 
  • Have them inform beneficiaries. It is not enough to have beneficiary forms filled out correctly. Clients should consider telling their beneficiaries that they are designated to receive certain accounts. Open communication can not only avoid confusion, minimize family disputes, and make for a smoother administration, but uninformed beneficiaries might not know to claim their inheritance, might have their unclaimed inheritance turned over to the state, and could miss Internal Revenue Service deadlines (e.g., 10-year individual retirement account withdrawal rules), triggering penalties or forced distributions. 

In terms of tangible advisor benefits, managing beneficiary designations can appear to be a relatively thankless task that does not generate immediate revenue. However, this is an area where you can provide significant value to your clients. 

Catching an oversight can solidify your reputation as a diligent, detail-oriented advisor and boost your relationships—and prospects—in the long term. You may also suggest a beneficiary review of their other accounts and products, such as their estate plan.

Call us to discuss additional ways you can provide value to your clients and safeguard their futures.

  1. Advisory Council on Employee Welfare and Pension Benefit Plans (ERISA Advisory Council), Current Challenges and Best Practices Concerning Beneficiary Designations in Retirement and Life Insurance Plans, at 3 (Dec. 2012), https://www.dol.gov/sites/dolgov/files/ebsa/pdf_files/2012-current-challenges-and-best-practices-concerning-beneficiary-designations-in-retirement-and-life-insurance-plans.pdf. ↩︎
  2. Id. ↩︎

Helping Clients Pass on Their Wealth

Is Outright Distribution the Right Choice for Your Clients?

An inheritance can be life-changing. Many younger Americans, stuck in a cycle of debt and rising costs, are anticipating their cut of the $84 trillion “Great Wealth Transfer”—a term financial experts use to describe the massive shift of wealth from older generations to younger ones that is expected to occur over the next two decades.1 Most of these potential inheritors say that the inheritance they expect is more than just a cushion—they are counting on it to achieve their long-term financial goals.2 

When handing down wealth, your clients have two main options: leaving it outright to their beneficiaries or placing it in a trust so it can be distributed to the beneficiaries over time. An outright distribution is by far the simpler option, but it comes with risks for the unprepared. For example, many inheritors-to-be may not be ready to handle a direct inheritance. 

Great Wealth Transfer Hope versus Hype

According to a USA Today survey, about two-thirds of younger Americans expect to receive an average inheritance of around $320,000.3 More than three-quarters say they plan to save or invest that money, and 40 percent say they will use it to pay off debt.4 

There can also be an assumption that inheritors will use the money as your clients intend (i.e., responsibly), when experience, data, and the recipients themselves tell a different story. 

A national study indicates that adults who receive an inheritance save only about half and either spend, donate, or lose the rest, and more than one-third of all inheritors saw a decline or no change in their wealth after getting an inheritance.5 

Citizens Bank polled Americans about inheriting wealth and found that 72 percent say they are not prepared to manage an inheritance.6 Parents may not be ready to leave an inheritance, either. Only about a quarter of adults feel prepared for and confident in the wealth transfer process, Edward Jones research finds. 7

Six in 10 parents told Northwestern Mutual that their children do not value financial responsibility the same way they do, with more than half expressing concerns that this difference in values could negatively impact the family’s assets when they pass from one generation to the next.8 

Pros and Cons of an Outright Inheritance

No matter how much a client plans on leaving to a beneficiary, knowing they are making a difference in a loved one’s life can be a source of pride and fulfillment. However, they may also feel pressure to make a lump-sum bequest, especially if their child or another beneficiary is struggling financially.

An outright distribution is quick, requires no oversight after it has been handed over, and usually has no fees associated with it. There are also no strings attached. The recipient can use the money any way they want. 

However, an outright inheritance may not be in the beneficiaries’ best interests and could fail to solve their financial problems in the way the client might expect. For those beneficiaries who are unprepared to handle it, an inheritance could do the opposite by worsening financial problems or creating new ones. 

Despite their best intentions to budget, invest, and responsibly spend an inheritance, beneficiaries could just as easily squander it on impulse purchases, risky investments, or financial scams. More than a quarter of respondents admitted to USA Today that they plan to use their inheritance for travel or luxury spending.9 In addition, if an inheritance is distributed outright to a beneficiary who has outstanding debt, creditors could claim the money before the beneficiary can use it. 

These downsides assume that the beneficiaries can legally accept their inheritance, which may not be true. If the recipient is a minor child, for example, or is incapacitated and does not have an agent under a financial power of attorney, a court-appointed conservator may be necessary. 

Your Role as an Advisor

None of this means that an outright inheritance is inherently bad. Advisors think in terms of costs versus benefits, not in absolutes. We also understand that there is often a gap between a client’s expectations and economic realities. Part of our job is to offer advice that helps clients balance what is desirable with what is achievable. We do that by presenting information and options. 

Here is where advisors come in: Fifty-seven percent of Americans believe professional guidance around wealth transfer and inheritance would make planning and reaching a family consensus easier.10 Sixty-one percent said they would turn to a financial advisor for guidance if they received a windfall,11 while three in four parents say they would feel comfortable including their teenage or young adult children in their financial advisor meetings.12

Findings like these show how advisors can work with clients and their loved ones—and with each other—to help families transfer and protect their wealth. The advisor-client relationship should include a conversation about estate planning. An increase in assets, such as an inheritance, is a major reason to revisit or begin creating an estate plan.

The Great Wealth Transfer may be hype to some extent, but the opportunities it presents for advising and collaboration cannot be understated. To discuss inheritance and estate planning strategies, please reach out.

  1. Julie Sherrier et al., Study: Gen Z and millennials plan to use inheritances to invest, pay off debt, USA Today (June 6, 2024), https://www.usatoday.com/money/blueprint/credit-cards/study-great-wealth-transfer-plans. ↩︎
  2. As $90 Trillion “Great Wealth Transfer” Approaches, Just 1 in 4 American Expect to Leave an Inheritance, Northwestern Mutual (Aug. 6, 2024), https://news.northwesternmutual.com/2024-08-06-As-90-Trillion-Great-Wealth-Transfer-Approaches,-Just-1-in-4-Americans-Expect-to-Leave-an-Inheritance. ↩︎
  3. Julie Sherrier et al., Study: Gen Z and millennials plan to use inheritances to invest, pay off debt, USA Today (June 6, 2024), https://www.usatoday.com/money/blueprint/credit-cards/study-great-wealth-transfer-plans. ↩︎
  4. Id. ↩︎
  5. Most Americans Save Only About Half Of Their Inheritances, Study Finds, Ohio State News, OSU.EDU (Mar. 4, 2012), https://news.osu.edu/most-americans-save-only-about-half-of-their-inheritances-study-finds—ohio-state-research-and-innovation-communications. ↩︎
  6. Most Americans aren’t ready for the ‘Great Wealth Transfer,’ Citizens, https://www.citizensbank.com/learning/great-wealth-transfer-survey.aspx (last visited Mar. 21, 2025). ↩︎
  7. The Great Wealth Transfer Starts with the Great Wealth Talk, Edward Jones Research Finds, Edward Jones (Feb. 27, 2024), https://www.edwardjones.com/us-en/why-edward-jones/news-media/press-releases/great-wealth-transfer-research. ↩︎
  8. Northwestern Mutual, supra n. 2, https://news.northwesternmutual.com/2024-08-06-As-90-Trillion-Great-Wealth-Transfer-Approaches,-Just-1-in-4-Americans-Expect-to-Leave-an-Inheritance. ↩︎
  9. Julie Sherrier et al., Study: Gen Z and millennials plan to use inheritances to invest, pay off debt, USA Today (June 6, 2024), https://www.usatoday.com/money/blueprint/credit-cards/study-great-wealth-transfer-plans. ↩︎
  10. The Great Wealth Transfer Starts with the Great Wealth Talk, Edward Jones Research Finds, Edward Jones (Feb. 27, 2024), https://www.edwardjones.com/us-en/why-edward-jones/news-media/press-releases/great-wealth-transfer-research.  ↩︎
  11. Most Americans aren’t ready for the ‘Great Wealth Transfer,’ Citizens, https://www.citizensbank.com/learning/great-wealth-transfer-survey.aspx (last visited Mar. 21, 2025).  ↩︎
  12. Northwestern Mutual, supra n. 2, https://news.northwesternmutual.com/2024-08-06-As-90-Trillion-Great-Wealth-Transfer-Approaches,-Just-1-in-4-Americans-Expect-to-Leave-an-Inheritance ↩︎

Choosing the Ideal Trust for Your Wishes

The term estate may bring to mind mansions, vast fortunes, and a level of wealth that many people do not possess. This misconception may lead to the false impression that estate planning is only for the rich and famous, discouraging those with more modest means from seeking professional guidance.

If estate is a loaded term, then trust is even more so. Mention the word trust,and many people think of wealthy families, complex legal arrangements, and a level of sophistication that can seem intimidating or unnecessary. 

Misconceptions about trusts often stem from a lack of understanding about what a trust actually is, how it works, and situations where it can provide benefits above and beyond a will. Wills and trusts are complementary—not mutually exclusive. They can serve different roles in an estate plan and often address different concerns. 

Trust Basics

Trusts can work in various ways depending on the type of trust and how you want to pass down your assets (accounts and property). However, every trust has some things in common. 

When you transfer assets to a trust, the trust becomes the legal owner of those assets. You are, in effect, giving up direct ownership of whatever assets you place in a trust, which can include real estate, bank and financial accounts, personal property, and even things such as life insurance proceeds and business interests. 

  • As the trustmaker (sometimes called the trustor, settlor, or grantor), you create the trust and decide which asset(s) to put into it. 
  • A trustee (or co-trustees) manages the trust on your beneficiaries’ behalf. Depending on the type of trust you create, you might be the initial trustee. 
  • Your beneficiaries receive proceeds from the trust based on instructions you leave the trustee in the trust agreement. You can give the trustee wide discretion to manage assets or prescribe very narrow parameters. Depending on the type of trust, you might also be the beneficiary while you are alive.

Although a will can also be used to name beneficiaries to receive your assets, it takes effect only after you die. A trust, on the other hand, is effective during your lifetime, which means that a successor (backup) trustee can step in to manage your assets if you become disabled or injured—not just when you pass away, as with a will. 

People create trusts for numerous reasons. Some of the most common are the following: 

  • Avoiding probate. The court process known as probate imposes additional costs, delays distributions, and is part of the public record. Assets held in a trust avoid probate. They pass directly—and, in most situations, privately—to beneficiaries according to the instructions you have included in the trust agreement. 
  • Reducing estate taxes. If your net worth exceeds exemption amounts for estate and inheritance taxes, certain types of trusts can help minimize your tax liability, leaving more money to benefit your loved ones. 
  • Protecting assets. Trusts can shield assets from the beneficiary’s creditors, lawsuits, and potential financial mismanagement. 
  • Providing for loved ones. Trusts can ensure that loved ones, such as minor children or those with special needs, are cared for according to your wishes. 
  • Managing assets during incapacity. A trust allows for the seamless management of assets if you become incapacitated (unable to manage your affairs), ensuring estate plan continuity and avoiding potential court intervention. 
  • Charitable giving. Trusts can be used to support charitable causes and provide associated tax benefits. 
  • Incentivizing behavior. You could structure a trust to encourage beneficiaries to achieve certain goals, such as pursuing education or maintaining employment.

Demand for trusts is increasing as Americans go through the “Great Wealth Transfer” from older generations to younger family members.1 Ultimately, the decision to create a trust reflects a desire for greater control, protection, and flexibility in managing and passing down wealth.

Trust-Based Planning Scenarios

Understanding how trusts work can help you properly visualize how a trust might fit into your own estate plan. To further illustrate the variety of roles trusts can play in achieving your legacy goals, here are some specific examples of scenarios where trusts are commonly utilized:

  • You have a high net worth (specifically, a net worth exceeding the federal estate tax exemption, or state exemption levels, which are as low as $1 million in Oregon and even lower in some states that impose an inheritance tax). If these taxes affect you, consider
    • a grantor retained annuity trust—allows you to transfer assets to beneficiaries while retaining an income stream; 
    • a charitable remainder trust—provides an income stream to beneficiaries, with the remainder going to a designated charity; or 
    • a dynasty trust—passes wealth down through multiple generations.
  • You want complex distribution instructions, which could involve blended families, beneficiaries with special needs, or beneficiaries who are prone to financial mismanagement or vulnerable to creditors. These scenarios may lend themselves to
    • a spendthrift trust—protects assets from creditors and prevents beneficiaries from squandering their inheritance; 
    • a supplemental needs trust—enables a disabled beneficiary to receive financial support from the trust without affecting their eligibility for means-tested government benefits;
    • an incentive trust—makes distributions to a beneficiary dependent on their meeting certain conditions, such as graduating, becoming employed, getting sober, or volunteering for charitable causes; or 
    • a qualified terminable interest property trust—provides for a surviving spouse while ensuring that the deceased spouse’s assets ultimately pass to their chosen beneficiaries when the surviving spouse dies. 
  • You are exposed to unique tax liabilities related to situations such as having extensive real estate investments or business ownership. Possible trust solutions include the following:
    • a qualified personal residence trust—allows for the transfer of a primary residence or, in some circumstances, a vacation home, to a trust while retaining the right to live in it for a set period or
    • an irrevocable life insurance trust—holds a life insurance policy that uses the death benefit proceeds to cover estate taxes or provide liquidity to a business after your death.

Estate planning attorneys often emphasize that every adult, no matter their age or wealth level, needs an estate plan. It should start with a will, but depending on your financial and family situation, a trust can be a valuable addition to your plan. 

If you think a trust may be right for you and your family but are overwhelmed by the number of options and their range of uses, set up a time to talk with us about the different trust types and the benefits they offer.

  1. Ronda Lee, More Americans are dealing with tax filings for trusts as older boomers pass away, Yahoo! finance (Apr. 5, 2023), https://finance.yahoo.com/news/more-americans-are-dealing-with-tax-filings-for-trusts-as-older-boomers-pass-away-211151632.html. ↩︎

Beneficiary and Transfer-on-Death Designations: Are You Doing It Right?

Beneficiary and Transfer-on-Death Designations: Are You Doing It Right?

Do you know which of your accounts have beneficiary designations, sometimes called transfer-on-death (TOD) or payable-on-death (POD) designations? Have you updated them recently? Are you aware of what can go wrong if there are issues with your beneficiary designation forms?

If you answered “no” to any of these questions, it may be time to review your beneficiary, TOD, and POD designations and confirm that everything is accurate, complete, and current. 

Accounts and property with beneficiary, TOD, or POD designations take precedence over your will or living trust, so keeping forms updated is crucial to ensuring that your accounts and property go quickly and seamlessly to the right people. 

Where to Find TOD, POD, and Beneficiary Designations 

Beneficiary, TOD, and POD designations are made using legal forms that specify who will receive the asset (e.g., accounts, property, death benefits, etc.) after the original owner dies. 

Such designations allow you to pass assets directly to your beneficiaries and avoid probate. Avoiding probate can reduce estate costs, ultimately leaving more money to benefit your family and loved ones, and result in faster distribution to beneficiaries. Common asset types where beneficiary designations come into play include the following: 

  • retirement accounts—401(k)s, individual retirement accounts, and other retirement plans; 
  • investment accounts—Brokerage accounts, stocks, bonds, and mutual funds;
  • bank accounts—Checking accounts, savings accounts, and certificates of deposit; 
  • life insurance policies—All types of life insurance policies, including whole, term, and group; and
  • real estate—TOD deeds and similar alternatives (offered in more than half of states).

For most Americans, their home and financial accounts are the primary source of their wealth, making them central in an estate plan1 and making it all the more important that beneficiary designations for these assets reflect your current wishes. 

What Can Go Wrong with an Incomplete, Inaccurate, or Outdated Beneficiary Form?

According to financial advisors, beneficiary form errors are among the most common—and the costliest—estate planning mistakes that people make.2 These errors fall into a few main buckets:  

  • Failure to name a beneficiary. Many people simply forget to complete beneficiary designation forms or put them off indefinitely. This situation is especially common for inherited accounts. 
  • Outdated information. Major life events such as marriage, divorce, the birth of a child, or the death of a beneficiary necessitate updating designations.
  • Inaccurate or missing information. Mistakes in spelling, addresses, or other identifying information or failure to provide complete information can cause delays, confusion, or even disputes when processing beneficiary designations. 
  • Naming a minor as beneficiary. Technically, minors can be named as beneficiaries, but they cannot legally receive or manage money and property above a certain value. If they are named as beneficiaries, a court may need to appoint a guardian to oversee the funds for them until they reach the age of majority (18 years of age in some states and 21 in others).
  • Overlooking complex circumstances. A beneficiary may be unable to manage their inheritance because of a disability, special needs, poor money habits, mental health issues, or substance use disorder. 
  • Not naming contingent beneficiaries. If the primary beneficiary dies before the account holder or cannot be located and no contingent (backup) beneficiary has been named, it will be treated as if no beneficiary had been named.
  • Lost or invalid forms. Unfortunately, financial institutions sometimes misplace beneficiary designation forms or fail to process them correctly. Also, if a financial institution or employer changes the plan’s service provider or administrator, the original beneficiary designation may no longer apply, meaning that a new beneficiary designation form needs to be completed under the new provider. 

In addition to the unintended distribution of accounts, property, or death benefits and related disputes, an invalid, missing, or outdated beneficiary designation can result in the assets requiring probate administration, possibly causing payout delays and raising estate administration costs. Also, most things that go through probate may be subject to claims from creditors, potentially reducing the amount distributed to beneficiaries. 

To emphasize how disastrous beneficiary form errors can be to an estate plan, here are some examples of how they could play out in the real world: 

  • Divorce dilemma. John and Mary were married for 20 years. John had a 401(k) from his employer, with Mary listed as the sole beneficiary. They divorced, and John remarried. John passed away unexpectedly, and despite his wishes for his current wife to inherit his retirement funds, the plan administrator, bound by the beneficiary designation, paid the entire sum to his ex-wife. Not all states have revocation-upon-divorce laws, and even in states that do, there are often exceptions and specific situations where the rules do not apply.
  • Forgotten children. Sarah had a life insurance policy from her early 20s naming her parents as beneficiaries. She later had two children but never updated the policy. Upon Sarah’s death, the life insurance proceeds went to her parents.
  • Probate purgatory. Robert had a brokerage account but never designated a beneficiary. When he died, the account became part of his probate estate, resulting in a lengthy and expensive legal process that delayed the distribution of his money and property to his heirs. Because the assets were tied up in probate, creditors also had easier access to those funds. 
  • Incapacitated beneficiary. A woman named her adult son as her sole beneficiary on her life insurance policy. Years later, her son was in a severe car accident and became mentally incapacitated. When the woman passed, there was no clear plan for how the life insurance funds should be managed for her incapacitated son, and if he was receiving needs-based benefits, those benefits could be jeopardized by his receiving the funds. 

Schedule an Estate Plan Review

A recent survey found that nearly one-fourth of Americans have not revised their estate plan since creating it. Many have also not updated it within the past 10 to 15 years.3 

The recommended timeline for reviewing beneficiary designations is the same as for the rest of your estate plan—at least every few years or after any significant life event. During the review process, you and your attorney can dig into details such as the following: 

  • Are these beneficiaries still the people you want to receive your accounts?
  • Are the beneficiaries still living? 
  • Are they capable of managing the inheritance? 
  • Is there more than one beneficiary named, and if so, how hard is it to divide the account or property, and what is the potential for conflict between/among the beneficiaries? 
  • Have you informed the beneficiaries that they are named? Do they know how to claim their inheritance? 
  • Are you fine with them receiving an outright distribution, or are safeguards needed? 

When reviewing beneficiary designations, get current confirmation directly from the financial institutions to verify whom they have on record. Do not just rely on the forms you originally filled out to ensure your designations were properly processed.

Even if everything looks good after a review, for added protection and control over the inheritance in complex circumstances, you may want to name a trust as the beneficiary and allow a trustee to manage the inheritance on your loved ones’ behalf. You can also name a charity as a beneficiary. 

Avoid letting a simple clerical error derail your estate plan. Schedule an attorney review to double-check that every “i” is dotted, every “t” is crossed, and every form accurately expresses your intentions.

  1. Rakesh Kochhar and Mohamad Moslimani, 4. The assets households own and the debts they carry, Pew Rsch. Ctr. (Dec. 4, 2023), https://www.pewresearch.org/2023/12/04/the-assets-households-own-and-the-debts-they-carry. ↩︎
  2. Mark Henricks, Out-of-date beneficiary designations are a common and costly mistake, CNBC (Apr. 17, 2018), https://www.cnbc.com/2018/04/16/out-of-date-beneficiary-designations-are-a-common-and-costly-mistake.html. ↩︎
  3. Victoria Lurie, 2025 Wills and Estate Planning Study, Caring (Feb. 18, 2025), https://www.caring.com/caregivers/estate-planning/wills-survey. ↩︎

How Do You Want to Leave Your Money Behind?

Is Outright Distribution the Perfect Fit for Your Loved Ones?

Although Americans are living longer and spending more time—and money—in retirement, many parents intend to leave an inheritance to their children. The exact amount can vary greatly depending on individual circumstances and wealth levels, but even a small inheritance can be meaningful and help set a child up for long-term financial success, provided they are ready to handle it, which may not be the case. 

Most families fail to discuss wealth transfers to ensure that younger generations are prepared for an inheritance. Parents need to decide how they want to pass their assets (accounts and property) to their children and other beneficiaries so they can plan the transfer in a way that fits their goals and their loved ones’ abilities to manage their inheritance. The wealth transfer process includes deciding whether to leave a loved one an outright inheritance or to pass their wealth down in a more controlled manner. 

Pros and Cons of an Outright Inheritance

Over the next 20 years, an estimated $84 trillion in assets is expected to change hands from older Americans to younger Americans in what financial experts are calling the “Great Wealth Transfer.”1  

According to a USA Today survey, about 76 percent of Americans receiving an inheritance say they plan to save or invest it, 40 percent say they will use it to pay off debt, and 21 percent want to leave the money to their children.2 

Another survey found that, among those expecting to receive an inheritance, 50 percent consider it “highly critical” or “critical” to their long-term financial security and retirement.3 

The most straightforward way to transfer wealth is by outright distribution. An outright distribution is fast and simple, and there are typically no fees associated with it. There are also no strings attached. When a beneficiary receives an outright distribution, they are free to use, sell, or manage the money and property however they want, with no conditions, restrictions, or oversight. 

However, an outright inheritance may not be in the beneficiaries’ best interest. For someone unprepared to handle an inheritance, not only could the money fail to solve their financial problems, but it could also worsen them or lead to new ones.

In spite of their best intentions to budget, invest, and responsibly spend an inheritance, your loved ones could just as easily squander it on impulse purchases, risky investments, or financial scams. 

More than a quarter of respondents admitted to USA Today that they plan to use their inheritance for travel or luxury spending.4 Many (72 percent), according to a Citizens Bank survey, also admit that they are unprepared to manage an inheritance.5 

One downside of an outright distribution is that if a beneficiary has debt, something many young people struggle with, a creditor might be able to make a claim against the beneficiary and take their inheritance even before they can benefit from it. 

Certain beneficiaries may not be legally able to receive an outright distribution. If the recipient is a minor child, for example, or is incapacitated (unable to manage their affairs) and does not have an agent under a financial power of attorney, a court-appointed conservator may be necessary to receive and manage their inheritance for them.

Alternatives to Outright Distribution

None of this is to say that outright distributions are inherently bad. Deciding whether to leave an outright inheritance to a beneficiary depends heavily on their personal situation. Even within the same family, children can have wildly different financial aptitudes and attitudes. Some are perfectly capable of managing their inheritance. Others struggle to plan and save for the future. 

There can also be a gap between what children plan to do and what they end up doing. Parents may sometimes need to protect their children from their own bad habits. 

No matter how much you plan to leave to a beneficiary, it can be a source of pride and fulfillment to know you are making a difference in their life. A Northwestern Mutual survey found that, among those expecting to leave an inheritance, more than two-thirds (68 percent) said it is their “single most important financial goal” or is “very important.”6 

However, leaving an inheritance can also be a source of trepidation. Six in 10 parents told Northwestern Mutual that their children do not value financial responsibility the same way they do, with more than half expressing concerns that this difference in values could negatively impact the family’s assets when they pass from one generation to the next.7 And only about a quarter of adults feel prepared for, and confident in, the wealth transfer process, Edward Jones research found.8 

When deciding what method of distribution is best for your child, it helps to know their current financial situation and their short- and long-term financial goals, such as paying down debt, buying a home, giving to charity, and saving for education. This knowledge starts with a family discussion about wealth transfers. We would love to be part of the conversation and answer any questions you and your family have about inheritance-related matters, such as taxes, ways to invest and budget an inheritance, and estate planning after an inheritance.

  1. Julie Sherrier et al., Study: Gen Z and millennials plan to use inheritances to invest, pay off debt, USA Today (June 6, 2024), https://www.usatoday.com/money/blueprint/credit-cards/study-great-wealth-transfer-plans. ↩︎
  2. Id. ↩︎
  3. As $90 Trillion “Great Wealth Transfer” Approaches, Just 1 in 4 American Expect to Leave an Inheritance, Northwestern Mutual (Aug. 6, 2024), https://news.northwesternmutual.com/2024-08-06-As-90-Trillion-Great-Wealth-Transfer-Approaches,-Just-1-in-4-Americans-Expect-to-Leave-an-Inheritance. ↩︎
  4. Julie Sherrier et al., Study: Gen Z and millennials plan to use inheritances to invest, pay off debt, USA Today (June 6, 2024), https://www.usatoday.com/money/blueprint/credit-cards/study-great-wealth-transfer-plans. ↩︎
  5. Most Americans aren’t ready for the ‘Great Wealth Transfer,’ Citizens, https://www.citizensbank.com/learning/great-wealth-transfer-survey.aspx (last visited Mar. 21, 2025). ↩︎
  6. Northwestern Mutual, supra n. 3, https://news.northwesternmutual.com/2024-08-06-As-90-Trillion-Great-Wealth-Transfer-Approaches,-Just-1-in-4-Americans-Expect-to-Leave-an-Inheritance. ↩︎
  7. Id. ↩︎
  8. The Great Wealth Transfer Starts with the Great Wealth Talk, Edward Jones Research Finds, Edward Jones (Feb. 27, 2024), https://www.edwardjones.com/us-en/why-edward-jones/news-media/press-releases/great-wealth-transfer-research. ↩︎

Beware of Trust Scams—and How to Spot Them

Trusts are widely used in estate planning to protect and transfer a person’s assets (money, accounts, property, etc.), sometimes in a tax-advantaged manner. Some trusts are highly complex, with multiple parties, intricate structures, specialized legal terms, and references to arcane tax law that can be difficult for the average person to understand.

Scammers have long taken advantage of this complexity to dupe taxpayers into too-good-to- be-true trust solutions. The Internal Revenue Service (IRS) recently drew attention to a trust tax avoidance scheme involving what are known as § 643(b) trusts.1 It also warns about another type of trust scam that relies on the so-called pure trust or constitutional trust to make false claims about avoiding taxes and protecting assets.2 

While legitimate trusts can be powerful tools for estate planning, asset protection, and tax efficiency, fraudulent trusts misuse these principles to deceive individuals. The IRS pays close attention to potential trust tax evasion schemes, and taxpayers who fall victim to a trust scam could potentially face civil and even criminal penalties, making it crucial to create a trust only with a qualified, reputable estate planning attorney. 

Trust Scams on the Rise

According to the IRS, in the past few years there has been a “proliferation of abusive trust tax evasion schemes”3 targeting wealthy individuals, small-business owners, and professionals such as doctors and lawyers. These schemes falsely promise benefits such as

  • the reduction or elimination of taxes,
  • reduction or elimination of income subject to tax,
  • depreciation deductions, and
  • a step-up in basis for trust assets.4

These trust scams commonly use a layered structure to give the appearance that a taxpayer does not control the trust when in fact they do. Transparency of control over trust assets is important in determining, among other things, which party is responsible for paying any corresponding tax liability.

The IRS also notes that abusive trust schemes frequently entail multiple trusts that distribute assets to one another.5 Trust funds may flow from one trust to another using rental agreements, fees for services, purchase and sales agreements, and distributions, with the goal of using inflated or nonexistent deductions to “reduce taxable income to nominal amounts,” says the IRS.6

Trust scam promoters typically charge $5,000 to $70,000 for a package that comes with trust documents, trustees, and tax return services, adding to the appearance of legitimacy.7 However, the IRS cautions that these phony trust arrangements will not produce the promised tax benefits.8 

Types of Trust Scams 

The Pure Trust Scam

One type of trust scheme highlighted by the IRS involves the transfer of a business to a trust it calls a pure trust or constitutional trust.9 The pure trust scam makes it look as though the taxpayer has given up control of their business even though they still run its day-to-day activities and control the income stream.10 

Promoters of such scams often claim that placing assets in a pure trust can exempt them from taxes.11 They use misleading language and pseudolegal jargon to make it seem like these trusts have special legal status and may claim that they are based on common law or constitutional principles exempting them from state or federal jurisdiction. However, the IRS clarifies that there is no legal basis for these claims.12

Actor Wesley Snipes is a notable example of someone misled by a variation of the pure trust scam. Snipes relied on an argument that courts have repeatedly rejected—the “861 argument,” which misinterprets § 861 of the Internal Revenue Code (I.R.C.) to falsely claim that domestic income is not taxable.13 

The IRS alleged that Snipes did not file tax returns for several years and committed fraud.14 He was convicted of tax evasion charges and served time in federal prison, in addition to owing back taxes, penalties, and interest.15 

643(b) Trust Scams

Versions of the pure trust scam date back decades. Despite increased awareness of these scams and the IRS pursuing them in their various iterations, they continue to resurface, often rebranded under different names such as complex trusts and patriot trusts or targeting new demographics.

The IRS details one such rebranding of the pure trust scam in a 2023 memorandum challenging trusts that similarly—and just as falsely—claim to avoid income and capital gains taxes.16 

Promoters assert that these trust arrangements receive special tax benefits under I.R.C. § 643(b), hence the name 643(b) trusts. The IRS refers to them in the memorandum as a nongrantor, irrevocable, complex, discretionary, spendthrift trust—a complicated name for a complicated scam that, like the pure trust scam, relies on a misinterpretation of the tax code that takes it out of context.17 

Although 643(b) trust scams take various forms, they are essentially a new twist on the old idea that, through manipulation of the trust structure, the taxpayer can use a backdoor method to maintain some control over the trust and avoid taxes.

The basic (but false) premise of the 643(b) scam is that income allocated to the corpus (principal) of the trust is not subject to taxation.

Promoters create a trust structure, often referred to with terms like nongrantor, irrevocable, and complex. The taxpayer transfers assets such as a business, real estate, or other income-producing assets into the trust in exchange for a promissory note. The trust then leases the assets back to the taxpayer, an arrangement that makes it seem like the income generated by the assets is not actually being distributed to the taxpayer, and is thus nontaxable. 

The IRS explicitly rejects the validity of this arrangement in its memorandum, emphasizing that simply allocating income to the trust’s corpus does not exclude it from taxation.18 

How to Spot a Trust Scam

The IRS has made it clear that it will challenge § 643(b) trusts in all forms, so taxpayers should look out for this and other trust schemes to avoid getting caught in the government’s compliance crosshairs.

As noted in the IRS memo, illegitimate trusts that misinterpret § 643 often have the guise of legitimacy and may even have legitimate-appearing promoters such as lawyers, accountants, and enrolled agents.19 Promotional materials may consist of a series of presentations, informational websites, documents, and legal opinions. In the case of a nongrantor, irrevocable, complex, discretionary, spendthrift trust, the trust may be described as “§ 643 compliant” or “in compliance with the I.R.C.”20

More generally, taxpayers should be on the lookout for these common trust scam red flags: 

  • Exaggerated claims. Taxes are as unavoidable as death for a reason. No legal trust strategy can entirely eliminate tax obligations. Claims about deferring taxes instead of avoiding them may sound more reasonable but could be part of the scam. 
  • “Secret” loopholes. While tax law is complex, it is not a secret. Legitimate strategies are based on established legal principles. Scammers also like to tell potential victims that wealthy individuals use certain trust types to avoid paying taxes. 
  • Terms that give an air of legitimacy. Trust schemes may reference and misuse terms such as common law or sovereign to promote trusts as beyond the legal jurisdiction of the federal government. Taxpayers in the 643(b) scam are told that they will serve as “Compliance Overseer.”21
  • Pressure tactics. In a classic scammer technique, trust scheme promoters may push individuals to “act quickly” to secure the “exclusive opportunity” and create a sense of urgency that pressures them into making a rash decision without fully understanding the consequences. 
  • Complicated and confusing structures. Trust, tax, and estate planning law are inherently complicated, but complexity can also serve to hide a scam. Multiple trusts with confusing names and structures can be a way to obfuscate the scheme’s true nature. 
  • Lack of transparency. Promoters may be reluctant to provide clear explanations or documentation about how the trust works, relying on anecdotal evidence or testimonials rather than facts and legal analysis. 
  • Similarity to known scams. Many trust scams are the taxation equivalent of “old wine in new bottles.” Learning how to spot a scheme and cross-checking a trust strategy against known scams, including those in the IRS Dirty Dozen22 and other public warnings, can reduce vulnerability.

Above all, avoid promotions that sound too good to be true, verify the promoter’s credentials, and always seek a second opinion from an independent estate planning attorney before creating any trust. If you are considering setting up a trust, consult with a qualified estate planning attorney.

  1. I.R.S. Chief Couns. Mem. AM 2023-006 (Aug. 18, 2023), https://www.irs.gov/pub/lanoa/am-2023-006-508v.pdf↩︎
  2. Abusive trust tax evasion schemes – Facts (Section III), IRS (Mar. 29, 2024), https://www.irs.gov/businesses/small-businesses-self-employed/abusive-trust-tax-evasion-schemes-facts-section-iii↩︎
  3. Abusive trust tax evasion schemes – Facts (Section I), IRS (Mar. 29, 2024), https://www.irs.gov/businesses/small-businesses-self-employed/abusive-trust-tax-evasion-schemes-facts-section-i↩︎
  4. Id. ↩︎
  5. Id. ↩︎
  6. Id. ↩︎
  7. Id. ↩︎
  8. Id. ↩︎
  9. Abusive trust tax evasion schemes – Facts (Section III), supra note 2. ↩︎
  10. Id. ↩︎
  11. Jay Adkisson, The Complex Trust Is Simply The Criminal Tax Evasion Device Known As The Pure Trust Repackaged, Forbes (Aug. 18, 2021), https://www.forbes.com/sites/jayadkisson/2021/08/18/the-complex-trust-is-simply-the-criminal-tax-evasion-device-known-as-the-pure-trust-repackaged↩︎
  12. I.R.S., U.S. Dep’t of the Treas., Recognizing Illegal Tax Avoidance Schemes, Pub. No. 3995 (2024), https://www.irs.gov/pub/irs-pdf/p3995.pdf↩︎
  13. Rick Cundiff, Trial notebook: Courts don’t buy the ‘861 argument,’ Ocala StarBanner (Jan. 23, 2008), https://www.ocala.com/story/news/2008/01/24/trial-notebook-courts-dont-buy-the-861-argument/31235965007↩︎
  14. United States v. Snipes, No. 5:06-cr-22(S1)-Oc-10GRJ, 2007 WL 2572198 (M.D. Fla. 2007), https://abcnews.go.com/images/WNT/061017_Indictment_Snipes.pdf↩︎
  15. Siobhan Morrissey, Wesley Snipes Sentenced to Three Years in Jail, People (Apr. 24, 2008), https://people.com/crime/wesley-snipes-sentenced-to-three-years-in-jail↩︎
  16. I.R.S. Chief Couns. Mem. AM 2023-006, supra note 1. ↩︎
  17. Id. ↩︎
  18. Id. ↩︎
  19. Id. ↩︎
  20. Id. ↩︎
  21. Id. ↩︎
  22. Dirty Dozen, IRS (June 12, 2024), https://www.irs.gov/newsroom/dirty-dozen↩︎

The Estate of Richard Simmons: Sweatin’ the Small Stuff

Fitness icon Richard Simmons, known for his flamboyant personality, high energy, and trademark attire, passed away in July 2024 following a fall at his Los Angeles home.

Because of a legal dispute between his longtime housekeeper, Teresa Reveles Muro, and his brother, Leonard (Lenny) Simmons, the estate of the Sweatin’ to the Oldies star is now sweating out a legal dispute over control of Richard’s trust. 

Teresa, who worked for and lived with Richard starting in the late 1980s, claims she was pressured to resign as co-trustee of Richard’s living trust.1 Lenny has voiced concerns about assets belonging to the estate being misappropriated.2 

The case highlights the sometimes overlooked role of attorney representation for key decision-makers, such as trustees or executors, in an estate plan. It also demonstrates how legal conflicts can unexpectedly arise following a loved one’s death and why the choice of a neutral third-party trustee can help avoid similar disputes. 

Background to the Simmons Estate Legal Battle

Richard Simmons believed fitness is for everyone, a message he delivered with positivity, usually while wearing sparkling tank tops and short shorts—an outfit that he was buried in under regular clothes.3 He is best known for his Sweatin’ to the Oldies series of workout videos, which sold over 20 million copies.4 

The Richard Simmons estate includes a trust that is at the center of a legal dispute involving Lenny and Teresa.5 Richard was close to both and named them as co-trustees of his trust.6 

As recently as July, Lenny had positive things to say about Teresa. He told People magazine that Richard’s live-in companion of 35 years was “extremely loyal and trustworthy” and that “we are blessed to have Teresa in our lives.”7 

However, she alleges that, immediately after an open casket viewing of Richard, Lenny and his wife, Cathy, brought her to a meeting at a law firm to discuss the Simmons estate, where she says she was coerced into signing away her role as co-trustee.8 

According to the TODAY show, her attorneys have asked a judge to reinstate her as co-trustee and requested that Lenny be prevented from selling any of Richard’s personal possessions or licensing or selling Richard’s name and likeness until she has been reinstated as co-trustee.9 

According to In Touch Weekly, Teresa’s lawyers wrote in a motion that Lenny is preparing to dispose of Richard’s personal effects without her input, which is against what Richard envisioned in the trust.10 Teresa also accuses Lenny of working with Richard’s estranged manager on a documentary that she doesn’t think Richard would approve of.11 

Lenny contradicts this claim in a recently filed response to her petition, asking that Teresa not be added back as a co-trustee.12 His response contends that Teresa refused to vacate Richard’s home for months after his death, and when she did leave, she took nearly $1 million worth of jewelry that has not been returned.13 He further alleges that Teresa was working on her own movie project about Richard.14 

According to Yahoo! News, court documents state that Lenny and his attorneys “need to appraise any property to be sold and may need to sell it to pay taxes. Teresa should not be permitted to interfere with this process absent serious, legitimate concerns about the administration of the estate that do not exist here.”15 

Lessons from the Simmons Estate Dispute

Despite not being seen in public for more than a decade prior to his passing, Richard Simmons will be remembered as a fitness trailblazer whose enthusiasm brought joy and healthy habits to millions of fans worldwide. 

Unfortunately, the conflict over his trust also places him in the company of celebrities such as Prince, Aretha Franklin, and Heath Ledger, whose estates have likewise become the subject of headlines for the wrong reasons. 

It does not appear that Richard made any major mistakes in the planning process, such as not having a will or trust. However, his reclusiveness in his later years made it difficult to determine where he stood on the matter of his legacy and those responsible for preserving it. 

Avoiding Conflicts of Interest with a Corporate Trustee

Where Richard may have erred, or at least may not have made the best decision, is naming co-trustees of his trust who were also beneficiaries of his estate. Based on public statements, Lenny and Teresa shared no ill will before Richard passed away. It is possible that Richard did not tell them they would be sharing trustee duties, and they learned of this arrangement only after his death, possibly exacerbating an underlying rift that may have been kept private. We may never know.

What we do know is that having co-beneficiaries serve as co-trustees can be a recipe for disaster. Trustees have a legal duty to act in the best interests of the trust’s beneficiaries. In this case, since the trustees are also beneficiaries, incentives are introduced for each one to maximize their control over the trust. Also, depending on the language used in the trust, having co-trustees may have required that they agree on actions taken on the trust’s behalf. This requirement can slow down the administration process and breed conflict if the two parties are not used to working together. 

Given the circumstances here, it may have been a more prudent move to have a corporate trustee from the start. Lenny’s court filing mentions the possibility of the judge appointing a corporate trustee,16 and it is not out of the question that the court would do so.

Signing Legal Documents Under Coercion

The Richard Simmons estate legal battle also draws attention to the rights of key decision-makers such as trustees in an estate plan and how they may need to retain legal counsel at different stages of settling an estate. 

Attorneys for Teresa contend that Leonard used false statements and intimidation to coerce her into signing a document declining to serve as co-trustee.17 If this allegation proves to be true—and Teresa did not make an informed decision to sign the document—the court could void it since signing a contract under duress can make it unenforceable. 

Careful Planning from the Start Can Avoid Conflicts

“Don’t sweat the small stuff” is good advice to avoid wasting energy on things that do not matter. But the smallest details can have the biggest impact in estate planning, which matters greatly for establishing a lasting legacy. 

The Richard Simmons estate case shows that trust documents should give detailed instructions on decision-making authority, asset distribution, and dispute resolution. 

An estate plan cannot stop beneficiaries from fighting over what the deceased really intended in their estate plan. If a beneficiary feels strongly about a loved one’s final wishes and has reason to believe those wishes are not being fulfilled, it is their right to file a claim challenging a trustee’s or executor’s actions. And if they choose to do so, it is their right—and indeed their responsibility—to retain counsel about the best way to mount a legal challenge. 

The trustee or executor also has the right to hire a lawyer to defend them against such claims. They may even be able to pay for an attorney using trust or estate funds. Beneficiaries in trust litigation can, in some cases, recover their legal fees from the trust as well. 

However, mounting a legal challenge ultimately means less money for everyone to inherit, potentially damaging the deceased’s legacy and any relationship between the parties involved. 

Whether you are creating an estate plan or are in charge of carrying out somebody else’s plan, timely advice from an estate planning attorney can help to avoid and mitigate disputes and keep a legacy untarnished by conflict. Schedule a meeting to learn more. 

  1. Anna Kaplan, Richard Simmons’ family is fighting with his housekeeper over his estate. What to know, Today (Sept. 24, 2024), https://www.today.com/news/richard-simmons-trust-feud-rcna172983. ↩︎
  2. Richard Simmons’ brother accuses late star’s housekeeper of taking $1 million in jewelry, The Express Tribune (Dec. 11, 2024), https://tribune.com.pk/story/2506696/richard-simmons-brother-accuses-late-stars-housekeeper-of-taking-1-million-in-jewelry. ↩︎
  3. Mason Leib, Richard Simmons was buried in his iconic “tank top and shorts,” his brother says, ABC News (Oct. 6, 2024), https://abcnews.go.com/GMA/Culture/richard-simmons-buried-iconic-tank-top-shorts-brother/story?id=114547134. ↩︎
  4. John Blackstone, Richard Simmons, fitness guru, dies at age 76, CBS News (July 13, 2024), https://www.cbsnews.com/news/richard-simmons-dies-age-76-fitness-guru. ↩︎
  5. Id. ↩︎
  6. Louise A. Barile, Richard Simmons’ Brother and Housekeeper at War Over His Estate: He’d Be “Heartbroken,” Y!entertainment (Oct. 16, 2024), https://www.yahoo.com/entertainment/richard-simmons-brother-housekeeper-war-120338437.html. ↩︎
  7. Jason Sheeler, Richard Simmons’ Housekeeper of 35 Years Breaks Her Silence: “He Died Happy,” People (July 29, 2024), https://people.com/richard-simmons-housekeeper-of-35-years-breaks-her-silence-he-died-happy-8684764. ↩︎
  8. Id. ↩︎
  9. Id. ↩︎
  10. Ryan Naumann, Richard Simmons’ Brother Fighting Late Entertainer’s Housekeeper Over $1 Million in Jewelry, InTouch (Oct. 31, 2024), https://www.intouchweekly.com/posts/richard-simmons-brother-fighting-housekeeper-over-stars-jewelry. ↩︎
  11. Richard Simmons’ Family to Sell His $5 Million Mansion Amid Estate Dispute, LawyerMonthly (Nov. 8, 2024), https://www.lawyer-monthly.com/2024/11/richard-simmons-family-to-sell-his-5-million-mansion-amid-estate-dispute. ↩︎
  12. Id. ↩︎
  13. Ryan Naumann, Richard Simmons’ $5 Million Mansion Where He Died to Be Sold by Family Amid Estate Battle, InTouch (Nov. 8, 2024), https://www.intouchweekly.com/posts/richard-simmons-5-million-home-to-be-sold-amid-estate-battle. ↩︎
  14. Id. ↩︎
  15. Paula Froelich, Richard Simmons’ housekeeper finally leaves his home, allegedly taking millions with her, Yahoo!News (Nov. 14, 2024), https://www.yahoo.com/news/richard-simmons-housekeeper-finally-leaves-202809623.html. ↩︎
  16. Id. ↩︎
  17. Id. ↩︎