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Posted on September 16, 2021 by Cory Wessman

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FINANCIAL ACCOUNTS

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It is most critical for you to include, within the terms of your estate planning documents, provisions that provide your designated fiduciary with the authority to manage your accounts, including online accounts, during your incapacity or following your death. In the case of the each of the financial institutions listed below, each company will respect the authority you provide to your designated agent to gain access to your accounts following your death.

You should provide your desired and appointed “legal fiduciary” (that is, your Trustee, Personal Representative and Power of Attorney) with the contact information for any financial professional with whom you work regularly at a financial institution, such as your personal banker and your financial advisor. You might also inform your financial professionals with the contact information of your named fiduciary or fiduciaries.

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Back to School Special: How to Help Young Adult Children

Posted on August 17, 2021 by Cory Wessman

August in Minnesota means the State Fair, Twins and Vikings blowout losses, the last few days at the cabin, and “back to school” events. While my children are still a few weeks away from starting school, friends and clients are already seeing their young adult children off to college. In this month’s advisory update, I thought it would be appropriate to summarize two sets of legal problems we are addressing on behalf of parents with young adult children: (i) first, how the young adult children of our clients, many of whom are “flying the coop” for the first time this fall, can legally authorize their parents to gain access to their financial and health care information, and (ii) second, how our clients can financially assist their young adult children who are “setting out on their own.”

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Legal Designations for Young Adults

Posted on August 17, 2021 by Cory Wessman

Once a young adult child graduates high school and leaves home, many of our clients express frustration over the inability of the parents to obtain information and make important decisions that are critical to the well-being of the young adult child. To the frustration of many of our clients, the child’s university seems to know where to send the tuition invoice, but will not allow the parent access to the child’s financial or health care records. To avoid such frustrations, the appropriate legal documents can be prepared by which a young adult would name his or her parent(s) to hold legal authority on behalf of their young adult children.

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New View, Same Approach

Posted on July 18, 2021 by Cory Wessman

As of July 1, 2021, we are now “open for business” in our new office location in Bell Plaza, located in Bloomington on the southeast corner of France Ave. and 494. If you have not already done so, please update your contact information for us to the following mailing address: 3800 American Blvd. West Suite 930, Bloomington, MN 55431. Our email addresses and telephone numbers remain the same. When you are able, please stop by our new office. We would love to show you the new office location, and perhaps also buy you lunch or coffee.

As our firm transitions to this new era at our new location, I wish to express our appreciation to you, fellow trusted advisory team members, for the opportunity to work collaboratively on behalf of our valued clients. While we have a new office view, our collaborative approach to assisting our mutual clients has not changed. In this month’s update I want to share three reasons why I enjoy working together with fellow professional advisors to achieve the planning objectives of our joint clients.

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What Job Are You Being Hired For?

Posted on July 18, 2021 by Cory Wessman

In his best-selling book, “How Will You Measure Your Life,” Clay Christensen writes, “Companies focus too much on what they want to sell their customers, rather than what those customers really need.” According to Christiansen, successful companies are able to first determine what problems their customers are trying to solve, and then provide a product or service that is “hired” to solve the problem.

Christensen recounts how a fast food company conducted extensive research to determine why the sales of their milkshakes peaked at two distinct daily intervals. They determined that milkshake sales peaked in the morning by reason of commuters who purchased milkshakes to occupy them during long work commutes. For these consumers, the milkshake was made thicker because it was being “hired” to solve the problem of boredom. The company also determined that milkshake peaked in the early evening hours by reason of parents of young children who sought to provide their children with an after-dinner treat. For these consumers, the milkshake was made smaller, smoother and sweeter because it was being “hired” to provide a good excuse for a family outing.

At our firm, we take pride in the preparation of the legal documents that will address a client’s numerous business, tax and family legal issues. Ultimately, however, the job that we are “hired” to accomplish is not to create a stack of legal documents. Rather, we are being hired to provide our clients with the peace of mind that comes from knowing that their legal affairs are in order. Our clients appreciate the time and effort we take to explain legal and tax terminology in layperson’s terms, to lay out their options for implementing a plan consistent with their overall objectives, and to work collaboratively with other advisors to achieve those objectives. Our clients derive peace of mind from the fact that our firm, together with other advisory team members, will continue to be available to them and their surviving family members in the future to address their legal matters.

Initiating Difficult Conversations

Posted on June 19, 2021 by Cory Wessman

“Son, we have decided that your brother is going to lead our family company.”

Those of us who are “Minnesota nice” have a difficult time initiating difficult conversations, especially with family. For example, have you and your spouse had conversations about his or her wishes to remarry if you die? (without naming names, of course). According to a study entitled, “The Better Than Expected Consequences of Asking Sensitive Questions,” those who fail to initiate difficult conversations are missing out on important benefits. According to the authors, “individuals make a potentially costly mistake when they avoid asking sensitive questions, as they overestimate the interpersonal costs of asking sensitive questions.” While we often avoid difficult topics for fear of offending others, we miss out on the opportunity to use the difficult topics to deepen our relationships.

In this month’s update, I share a few thoughts as to how clients might communicate difficult estate planning topics with their family.

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American Family Plan and Gifts to Children and Charity

Posted on May 19, 2021 by Cory Wessman

A few weeks ago, President Biden introduced proposed legislation under the name of the “American Families Plan” (“AFP.”) In this month’s update, I wish to summarize the appropriateness, or perhaps the double-meaning, of the name of the American Family Plan legislation. If the AFP is enacted, certain taxpayers should consider gifts to other members of the taxpayer’s family, or perhaps gifts to favorite charities, thereby benefitting other American families. There are many uncertainties about the AFP proposal, including the opportunities that wealthy taxpayers might have to liquidate highly-appreciated assets ahead of the effective date of any legislation. For now, I wish to draw your attention to how two tax proposals, if enacted, would impact gifting decisions.

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Charitable Remainder Trusts

Posted on May 19, 2021 by Cory Wessman

A charitable remainder trust (“CRT”) is a type of irrevocable trust that creates a “split interest” in contributed property between the taxpayer and one or more tax-exempt charities. This type of irrevocable trust structure provides three separate tax benefits: (a) an immediate charitable deduction to the taxpayer equal to a certain percentage of the value of the contributed assets; (b) the deferral of the capital gains taxes on assets contributed to the CRT; and (c) the avoidance of any estate taxes for assets contributed to the CRT. The CRT planning proceeds as follows:

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Margin for Error in Estate Planning Decisions

Posted on April 20, 2021 by Cory Wessman

“Spread the News, Cory,” my friend told me after arriving home from a weekend skiing with his wife and friends in Colorado a few weeks ago, “the pandemic is over.” While my friend’s exuberance may be a bit premature, I think all of us can relate to a desire to be done with the pandemic. In this month’s update, I wish to emphasize, through two recent client illustrations the importance of creating margin for error in our estate planning decisions.

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Planning for Multi-Generational Living Arrangements

Posted on March 25, 2021 by Cory Wessman

“How Much Rent Can I Legally Charge my Mother-in-Law?”

Even before the outbreak of COVID-19 last March, I was interacting with an increasing number of clients considering multi-generational living arrangements. According to an article last week in the Wall Street Journal, the incidence of these multi-generational living arrangements, defined as multiple adult generations living together in one primary residence, has actually increased during the pandemic. According to the Journal, 15% of residential purchases made between April and June of 2020 were for multi-generational living arrangements. In 2018, a record 64 million people lived in multi-generational households, which account for 20% of the population. As home values continue to increase, and many older Americans seek at-home end-of-life care, this trend will only continue.

In this month’s update, I suggest a few important questions to ask mom and dad (the “Senior Gen”), as well as the younger generation (“Junior Gen”), who are considering such multi-generational living arrangements. These questions are as follows:

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