The Wealth & Wisdom Blog

Information on Estate Planning, Estate and Trust Administration and Unique Asset Planning

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Grantor Retained Annuity Trust (“GRAT”)

A “Grantor Retained Annuity Trust” (“GRAT”) is a planning strategy used to transfer wealth without necessarily using any federal gift tax exemption.  Under this strategy, a donor irrevocably transfers assets to an irrevocable trust, but purposely retains a fixed annuity amount for a fixed period of years (called the “annuity period.”) While the donor will […]

Unintended Consequences: The Use of Conduit Trusts for Retirement Accounts

If you have read any of Malcom Gladwell’s books, or listen to his podcasts, you are acquainted with various examples of the law of unintended consequences. Gladwell demonstrates how well-intentioned efforts to solve societal problem might actually prove to be an impediment to success.  In the 1990’s, Australian lawmakers enacted legislation requiring Australian children to […]

Use it or Lose It: The Use of Spousal Lifetime Access Trusts

“I am suddenly feeling ill.”  I overhear a friend feign a cough as he calls his boss, reporting his absence from work by reason of sickness. As we tee off together from the first hole at our favorite golf course, my friend reports to us, his golfing buddies, that while he has no vacation days […]

Full Utilization of a Donor Advised Fund

The implementation of a Donor Advised Funds is at an all time high. Vanguard reported a 45% increase in new DAF accounts in the fourth quarter of 2017, with more than 80% of the gifts comprising non-cash assets, such as appreciated securities.  Likewise, Schwab has reported a 59% increase in the number of new DAF […]

Calculation of Minnesota Estate Tax on Non-Residents with Minnesota Property

Under current law, the manner of calculating a Minnesota estate tax liability sometimes yields surprising results. If a non-resident of Minnesota dies with real property or business assets in Minnesota, and if this “non-resident” owned assets total assets in excess of the Minnesota estate tax exemption of $3.0 million, then some Minnesota estate taxes are […]

Minnesota Estate Taxes

Back in 2017, Governor Mark Dayton signed a Minnesota tax bill into law that, among other items, specifies the Minnesota estate tax rate and estate tax exemption amounts.  Minnesota residents with significant assets should be aware of these exemption amounts and why so-called “Credit Shelter Trust” planning (also known as A/B Planning or “Credit Shelter […]

Minnesota Estate Tax Rules

  Minnesota imposes an estate tax at death on the assets of anyone who, at the time of his or her death, either (i) was a Minnesota resident or (ii) owned real estate or business assets physically located in the State of Minnesota. The key points about Minnesota estate taxes are as follows:

Utilizing a Tax Savings Trust for Married Clients

In order to minimize the incidence of Minnesota estate taxes following the death of the surviving spouse, a married couple residing in Minnesota who own assets in excess of $3.0M should include specific provisions in their estate plan during their joint lifetimes. Through the creation of a “Tax Savings Trust” following the first death between […]

The Step Up In the Income Tax Cost Basis

Under federal income tax law, a capital gains income tax is imposed on the difference between the price for which an investment is sold and the price for which the investment was originally purchased. For example, if Joe purchases a stock for $10, then sells it at $110, Joe will owe a capital gains tax […]

Tax Impact of Lifetime Gifts under Minnesota Estate Tax Laws

Minnesota imposes a state-level estate tax on assets when a Minnesota resident, or a non-resident holding property located in MN, dies with assets in excess of the exemption amount.  The exemption amount is currently $3.0M.