The Wealth & Wisdom Blog

During his heyday, I tuned in nightly to watch David Letterman’s “Top 10 List.”  I was recently reminded of Letterman’s Top 10 lists as I patiently listened to a client of mine provide yet another excuse for why “now was not a good time” to address certain estate planning decisions. In his defense, this 80-year old client is facing a number of difficult decisions related to the succession of his family business, decisions that will likely disappoint certain family members.  While his continued desire to “kick the can down the road” avoids difficult conversations, it will ultimately lead to more family disharmony if the plan is never implemented before his death.

Therefore, in honor of David Letterman’s Top 10 lists, here is my “Top 10 Excuses For Not Completing Your Estate Plan,” some of which (*) are actual client excuses:

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Will that be cash or credit?  For many years now, I have paid even my most minimal purchases on credit, not cash. While placing $2.95 on my credit card for a doughnut and coffee still seems a bit odd, at last I avoid taking the extra time to run to the cash machine.  Of course, once the credit card statement is received at the end of the month, the cumulative effects of the caffeine and sugar kicks I enjoyed over the previous month are a distant memory.

Estate planning has numerous “pay now or pay later” conundrums, including the decision of when to withdraw assets from tax-deferred retirement accounts.   If the current tax bill making its way through Congress is enacted, individuals with significant balances in their IRA, 401K or other tax-deferred accounts should review and perhaps reconsider how their retirement account planning impacts their overall estate plan. Among other important provisions of the “Setting Every Community Up for Retirement Enhancement” (“SECURE”) Act, the bill would require that, following the death of the account owner and his or her surviving spouse, the entire retirement account must be withdrawn within ten years.

As I have summarized previously, tax-deferred retirement accounts are taxed only as the account owner withdraws assets. Following the death of the original account owner, the new account owner(s) are likewise taxed only as they withdraw assets.  These new account owners are required to withdraw a required minimum distribution (“RMD”) on an annual basis, which is generally based upon his or her life expectancy.  By withdrawing only the RMD, the new account owner can “stretch” the retirement account over his or her lifetime, thereby minimizing the income tax burden.  However, if the SECURE Act is enacted in its current form, it would effectively eliminate the opportunity to “stretch” the tax-deferred account, thereby significantly increasing the family’s overall income tax burden.

If the SECURE Act is enacted, individuals with significant retirement account balances might consider the following strategies:

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When my wife and I were first dating, I had the opportunity to enjoy family dinners with her family.  Each of my wife, sister-in-law, brother-in-law, and their parents are very good cooks, and each of them have particular views on how a meal should be properly prepared.  Anlauf family dinners are characterized by great food and no shortage of opinions regarding the meal.  Early on, my brother-in-law, who also came to the Anlauf family by marriage, gave me this sage advice—whatever you do, enjoy the great food, but stay out of the Anlauf family kitchen.

Similar to the Anlauf family kitchen, some people create an estate plan in which there are too many cooks in the kitchen. (more…)

Most individuals need to establish an estate plan that names at least three separate legal “fiduciary” positions.  In some cases, it may be necessary to name as many as five (5) separate legal positions.  In some cases, one person may fill more than one fiduciary position, although it is important to carefully consider the roles that each person would play.

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For many Minnesota families, this is the time of year in which the family cabin is the physical epicenter of family life and the source of many great family memories. In order to allow these memories to continue after death, many of our clients wish to create a plan for the ongoing ownership of the cabin.  In order to create a realistic, long-term plan unique to each family’s situation, I usually ask the following questions:

• The Opportunity Cost of Cabin Co-Ownership. Are the children willing to forego a larger financial inheritance to be a co-owner in the cabin? Clients and their adult children sometimes need to be reminded that the retention of the cabin in a co-ownership structure is a “zero-sum game.”  By requiring the co-ownership of the cabin, those same children have less of a financial inheritance that they might use for other good purposes.
• Equal Use of the Property. Are all of the children in the same position to use the property equally? Especially if one or more of the children are not able or interested in using the cabin to the same degree as his or her siblings, it is important for advisors to clarify the clients’ own intentions when creating a legal structure that would require the children to continue to co-own the cabin.
• Ongoing Sibling Issues. Do the children have good relationships with one another?  Co-ownership is workable when siblings, as well as their respective spouses, have a history of amicable relationships.  If mom or dad are the peacemakers now, it is important to be realistic about these relationships after mom and dad are no longer around to “keep the peace.”
• Ongoing Expenses. Finally, are the children willing to help pay his or her share of the expenses? While some clients direct that some liquid assets be allocated to a “cabin expense fund” to help pay for cabin expenses after death, these funds will ultimately be depleted.  A plan should be devised for how those expenses will be paid once such an expense fund is depleted.

Possible Outcomes. The outcome of these conversations might result in any one of several different plans:

• The co-ownership by all of the children;
• The co-ownership of the cabin by only some of the children,
• Directions for sale of the cabin to one of the children at a specific price; or
• The required sale of the cabin to a third party.

As with so many elements of a thoughtful estate plan, each family’s plan should address the circumstances unique to their particular situation.