Transferring Wealth to the Next Generation

   / Transferring Wealth to the Next Generation #31  
One thing you should know is the "pecking order" of any estate inheritance.

Beneficiary designations "*****" everything. They ***** wills, trusts, probate court, everything. In recent years (I'm an old fart, so "recent" is relative) there are now TOD (transfer on death) accounts available for non-qualified (read non-IRA type) accts. By using TOD accts as part of your plan you will avoid any probate on that asset. (usually financial, not sure about real estate). The nice thing about TOD accts is that you are still 100% "owner" and don't have to notify the TOD beneficiaries. So you can change them whenever you want. Also, keep your beneficiary designations on the IRA accts current.

Next in line is Joint Ownership with rights of survival (JTWROS). Surviving owner automatically gets 100% of the asset (including real estate, cars, bank accts, etc). The downside to Jt ownership with a non-spouse is that if you get audited (likely at death), you could be liable for signficant Gift Taxes. Example: if you transferred 50% ownership of a $200k piece of property to a non-spouse, you could be liable for gift taxes on $100k.

Then on the pecking order is any asset owned by a trust. It's not enough to "have a trust," you have to place the asset ownership in the name of the trust, and then you protect it from probate process. Otherwise you just paid a bunch of money to an atty to draft the trust, and if it remains empty, it accomplishes nothing.

Then come wills and their instructions. In many states if you have less than $25,000 of assets, you can't skip the probate process with the filing of a form or two. Otherwise you have to go thru the probate process, usually with an atty who will get paid a bunch of money for filing a few forms and showing up in front of a judge.

I agree with all of the others who say "find a GOOD" financial advisor and estate planning attorney. In my experience an Independent Financial Advisor will be more versed in estate matters than a "broker" at a name brand brokerage house.

And lastly...FWIW, the vast majority of "financial advisors" who work in a bank, are not considered to be cream of the crop by the industry.
My friends keep outliving their advisers and doctors… I guess a good problem to have but then I live in a neighborhood where most of my neighbors mid 90’s or older… only hope to be as fortunate as they are.
 
   / Transferring Wealth to the Next Generation #32  
I wish I had the wisdom to embrace a direction…

My concern is about Mom in her old age should something happen to me so my plan leaves nearly all to her but with her health declining I’m stymied on coming up continuation plan and some family comments have not helped like I should liquidate my car collection because no has time to deal with it…

The simple answer is don’t deal with it… a few phone calls and give it away works for me after my demise… same for my machine shop, etc.

I think anything more than CD or Brokerage accounts and calling Goodwill is too much for many…

The difficult thing is you may think you have an idea what your family might do, but then families can do some surprising things when $ is at stake.

An experienced estate planning lawyer has seen enough go wrong that they should be able to help you avoid some pitfalls that you might otherwise fall into simply because estate planning isn't your daily job.

Instead of jumping right into drafting documents, you might want to start with an overview chart showing you the general plan of which of your assets will go where and to whom.

The choice of Executor or Trustee is critical as is naming alternatives if the chosen person dies or becomes incapacitated or doesn't want to serve. Similarly, naming alternative beneficiaries is important for the same reason.

You worked and saved for what you have. Don't be afraid to plan the way you want things planned. Someone who receives an inheritance should be grateful for getting anything. It isn't their place to tell you what to do with what you've worked and saved for. The ungrateful PITA types should get the provision that says, "I intentionally make no provision herein for ______________."
 
   / Transferring Wealth to the Next Generation #33  
Mentioned before I wanted to include my nieces and nephews and the parents were adamant against it…

Saying they had seen too many kids ruined by Trust Funds or Inheritance…

My oldest niece loves my 62 Corvette and in no uncertain terms have I been told don’t even think about it… they would never forgive me if something happened driving such an unsafe car… which pretty much goes for most old cars pre airbags, crumple zones, abs, etc.

My thought was to leave each one a small single family rental home here in Oakland to do with whatever they wanted… not having it… too dangerous and too many headaches…

I’m the poor one in the family so it’s not like anyone is destitute…

Mom inherited 40% of a business about 25 years ago and she being devout offered to gift it to her Catholic Church and the church refused saying they would not be able to accept…
 
   / Transferring Wealth to the Next Generation #34  
It’s not as simple as it would seem but the laws of the State step in when no other provision made…

When my Grandfathered passed he left me his watch and I treasure it because it reminds me of him… maybe this is how it should be?

I walked my cousin down the aisle on her wedding day and we don’t see each other often due to distance but always keep in touch and broadening my scope there are other avenues but the idea isn’t to piss people off either…

Could very well be I end up like my 105 year old neighbor having outlived everyone… when she spoke at her sons funeral you could hear a pin drop… not often do you hear an 80 year old being eulogized by a parent and it was wonderfully done.
 
Last edited:
   / Transferring Wealth to the Next Generation #35  
What is the best step to take?
FIRST go find good local counsel. Estate management is a complex business. The internet is no place to go to learn how to do what you proppse.

As to legacies: There are two kinds. One is financial wealth. The most important is the legacy of diligence and struggle. Without that, any accumulated fiscal wealth will pass through the descendant's hand like water. Passing that legacy on as a positive and without making it into a negative is a challenge.

Wealth in my family started with my mother's mother.
Pregnant with twins that woman undertook an open-air fully exposed journey on a vegetable boat from Puerto Rico to CT. She produced my mother and her sister shortly after making landfall.
A few years later the two sisters were orphaned. This was a century ago; there was no public welfare or child services. My mother was fortunate being adopted by a local businessman whose legacy for her was that her education at Mount Holyoake was paid for.
She passed her value of education onto her children and in spite of her very difficult adult life and relative poverty, it took. Her children valued education because that's what they were taught.
My daughter learned this and more from me. My expectations of her were part of the legacy she carries today and part of the legacy she trained into her daughters. My daughter built an accounting business that is sufficiently lucrative that she can send her daughters to the best schools and do it out of pocket.

It is slow. It is usually the grandchildren who benefit the most. But the parents the grandparents and in my case the great, great grandparents had to sacrifice and struggle and impose substantial expectations on their progeny. And that latter legacy of diligence and struggle has to be done in a way that survives the transition from parent to child, to child, again and again. If that latter component of the forgoer's legacy fails to translate, the children for whom t it does fail will be at risk of losing it all and even squandering the accumulated fiscal wealth. I saw it fail like that for the Studabaker family whose wealth was squandered and lost and again to a family's women's fashion business, when the daughters married indolent men who when they took control treated it as a cash machine living way, way above their means like they were captains of industry and finally robbing the employee's retirement plans to finance their excesses.

So even if you have no money, you can pass on an incredibly valuable legacy.

If you have wealth by which I mean substantial money in the millions you have to do a cold hard bloodless evaluation of the character of your children. If in your estimation they won't be responsible you can trust fund it to them.
You can control these trust funds for the life of any "person in being" at the time of your demise.
That phrase gave my colleagues in law school fits. It is as open-ended as it might seem, Any and all of the people alive on the planet can produce the construct of the "person in being" against which the duration of your cold dead hand can control your assets after you are gone. Once the longest potential life span is exhausted your assets can be fought over by the heirs.
You can defeat that by forming a family corporation that can live indefinitely and ensure that the board is composed of enough non-family members ( a law firm) who will prevent any deviation from the corporate charter and bylaws which would be yours to craft.
You'll need local counsel for any of this.

If OTOH you trust your kids then just leave it to them.
If you haven't got the billions, but what you have you want them to take without being taxed to death, find out what your state's Gift Tax is and stay beneath the threshold for any given year.
 
   / Transferring Wealth to the Next Generation #36  
Then on the pecking order is any asset owned by a trust. It's not enough to "have a trust," you have to place the asset ownership in the name of the trust, and then you protect it from probate process. Otherwise you just paid a bunch of money to an atty to draft the trust, and if it remains empty, it accomplishes nothing.

On the advice of her elder care attorney, my mother placed absolutely everything into the trust with the exception of her automobile. That is the one thing he said can't be titled to the trust. The only reason I kept it is because it's easier for her to get into than my vehicles.
 
   / Transferring Wealth to the Next Generation #37  
On the advice of her elder care attorney, my mother placed absolutely everything into the trust with the exception of her automobile. That is the one thing he said can't be titled to the trust.
That's good advice, and coincides with my estate atty's advice as well.
 
   / Transferring Wealth to the Next Generation #38  
Mentioned before I wanted to include my nieces and nephews and the parents were adamant against it…

Saying they had seen too many kids ruined by Trust Funds or Inheritance…

My oldest niece loves my 62 Corvette and in no uncertain terms have I been told don’t even think about it… they would never forgive me if something happened driving such an unsafe car… which pretty much goes for most old cars pre airbags, crumple zones, abs, etc.

My thought was to leave each one a small single family rental home here in Oakland to do with whatever they wanted… not having it… too dangerous and too many headaches…

I’m the poor one in the family so it’s not like anyone is destitute…

Mom inherited 40% of a business about 25 years ago and she being devout offered to gift it to her Catholic Church and the church refused saying they would not be able to accept…
Kids aren't ruined by the Trust Funds or Inheritance. Kids are already ruined for other reasons...selfishness often being one key reason.

There are people who win the lottery and still end up destitute because their financial management skills are terrible to begin with. All the lottery does is give them that much more cash to blow through.

There may be good safety and/or liability reasons not to leave a particular asset to someone. Someone who already has a high net worth may not want the liability risk of potentially getting sued for a slip and fall at a rental or the headache of dealing with tenants.

Many family businesses and farms never make it to the second generation, much less the third generation because of a lot of issues like these. They end up being sold because the key person who managed things is no longer around to manage.
 
  • Good Post
Reactions: JJT
   / Transferring Wealth to the Next Generation #39  
Kids aren't ruined by the Trust Funds or Inheritance. Kids are already ruined for other reasons...selfishness often being one key reason.

There are people who win the lottery and still end up destitute because their financial management skills are terrible to begin with. All the lottery does is give them that much more cash to blow through. ….
Yep. Where’s the adventure or challenge or feeling of accomplishment in just blowing a bunch of $? Kids who have the desire for self achievement wont be ruined by handouts. 👍
 
   / Transferring Wealth to the Next Generation #40  
Mentioned before I wanted to include my nieces and nephews and the parents were adamant against it…

Saying they had seen too many kids ruined by Trust Funds or Inheritance…

My oldest niece loves my 62 Corvette and in no uncertain terms have I been told don’t even think about it… they would never forgive me if something happened driving such an unsafe car… which pretty much goes for most old cars pre airbags, crumple zones, abs, etc.

My thought was to leave each one a small single family rental home here in Oakland to do with whatever they wanted… not having it… too dangerous and too many headaches…

I’m the poor one in the family so it’s not like anyone is destitute…

Mom inherited 40% of a business about 25 years ago and she being devout offered to gift it to her Catholic Church and the church refused saying they would not be able to accept…
My wife is not afraid of being injured in a 62 Corvette, so if worse ever comes to worse, you can rest at ease that there's at least 1 person left on the planet that would appreciate that car. :ROFLMAO:

In all seriousness though, my first purchased vehicle was a Yamaha DT250-b enduro. I bought it from my sister and brother in-law. About a year later, I decided I wanted more of a street bike, so I bought a 77 RD400. I asked my sister and brother in-law if they'd mind if I sold the 250 or if they'd want 1st dibs on getting it back. They both immediately told me to sell it, and that almost as soon as they sold it to me they had regrets worrying that I'd get hurt on it. It was a big relief to them that I was getting rid of it. Didn't matter that I was trading it for a little rocket and was more likely to get hurt on that than their bike. It was just the thought of them selling it to me and they'd feel guilty if something happened. Human nature, I guess. So I can relate to your niece's parents concerns. (y)
 
 
Top