Abstract
People like David and Abby often overlook estate planning because they tend to believe in one of two myths: (1) estate planning is all about taxes, and therefore, it’s only for the ultra-wealthy or (2) estate planning is all about what happens to your stuff after you die, so it’s only important for older or sick people. The main objectives of estate planning are welfare planning, income continuity, orderly distribution of estate property, tax mitigation, asset protection, beneficiary security, and philanthropy. The essentials of effective estate planning include addressing the need for: powers of attorney; living wills and healthcare proxies; HIPAA authorizations; insurance; proper titling of assets and beneficiary designations; lifetime gifts; wills; and trusts. Taxes must also be considered, including the estate tax, gift tax, and generation-skipping-transfer (GST) tax. Select estate-planning strategies and a sample plan to mitigate these taxes and achieve other goals are explored.
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Notes
- 1.
See I.R.S. Publications 590A and 590B. See Michael J. Nathanson, Ian D. Barclay, and Cary P. Geller, “Estate Planning: It’s Not Over,” Financial Advisor, April 3, 2017.
- 2.
See I.R.C. § 2505 and I.R.S. Publication 559.
- 3.
See I.R.C. § 2503 and I.R.S. Publication 559.
- 4.
See I.R.C. § 2523.
- 5.
See Treas. Reg. § 25.2503-6.
- 6.
See I.R.C. § 2031. In some cases, the value of a gross estate can be determined after the date of death—on an alternate valuation date. See I.R.C. § 2032.
- 7.
See I.R.C. § 2053.
- 8.
See I.R.C. § 2056.
- 9.
See I.R.C. § 2055.
- 10.
See I.R.C. § 1014. We acknowledge that this particular provision of the Code is one among many that may be changed in the future.
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Nathanson, M.J. et al. (2021). Estate Planning and Why It’s Really So Important. In: Personal Financial Planning for Executives and Entrepreneurs. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-65400-9_9
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DOI: https://doi.org/10.1007/978-3-030-65400-9_9
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