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iQuestions Faculty, Ron Blue
Question:
What are the six steps of estate planning and wealth transfer?
Answer:
You know, I’ve never baked a pie, but I know from watching my wife
and my daughters and grandmothers, and so forth, bake pies that
they follow a recipe. They don’t just take all the ingredients and throw
them into a box or into a pie pan and assume that the pie’s going to
come out. They take step one, step two, step three, and step four.
I’d like to suggest to you that wealth transfer and estate planning need
to follow the same type of process. In other words, there’s a
legitimate, logical, rational step one that you take before you go to
step two, before you go to step three, before you go to step four, and
so forth. And I think there are six steps, or six decisions, or six pieces
to the recipe that needs to be followed in sequence.
The first step is to figure out who’s going to get it. I need to make the
decision as to who is going to get it before I make the decision as to
even how much. So, it could my heirs, or it could be charity, it could
the government and the attorneys. But I need to decide who’s going to
get the estate first.
Secondly, then, I need to decide, well, how much is each one of these
individuals or organizations going to get before I go to the third step,
which is the timing question, and that is “when.” In other words, if I
have an estate, I could choose to begin transferring some of that now,
and avoid the tax consequences later, as opposed to waiting until
later. When do I want to transfer this estate? Do I want to be doing
my giving now? Or do I want to do my giving later?
And the fourth step is when I transfer it, do I really transfer the title
also? In other words, do I really give a gift with no strings attached?
Do I transfer my business with no strings attached? Do I transfer
whatever assets that it is with no strings attached?
Then, fifth is the tools and the techniques. I know this that if a client
would come to me, I want to give to my children this amount and tell
me how much and when they want to give it and what type of asset it
is, then I can use the tools and the techniques to figure out the best
way for them to do that from a tax efficiency stand point.
What I’ve found is that most estate planning begins with the tools and
techniques and then it backs into the answer to the rest of the
questions. But I submit to you that the tools and the techniques
should only occur after you’ve gone through steps one, two, three, and
four first.
And then lastly, and perhaps not only lastly, but on an on-going basis,
the sixth step is the “talk” step, and that is the communicating the
why, the who, the how much, then when, and the what to the
beneficiaries.
Judy and I not long ago had a family conference, and we said, to our
five children and the sons-in-law and daughters-in-laws, “This is what
we’re planning to do with our estate. This is why we’re planning to do
it.” And we’re able to begin a dialogue of telling them what it was that
we were going to do. We didn’t tell them amounts. We didn’t need to
do that, but what we what did want them to know is why we had made
the decisions that we had made. But it began first of all with the
decision, how much are we going to leave to whom and when?
Blue -2-
So, my challenge to you is to start right now thinking about, “Where
would I like my estate to go to?” And you know that your estate
doesn’t need to be big to be thinking about to whom it goes to. What
about your stuff? That’s probably the biggest issue. What about the
pictures? The artwork? The furniture? The cars? The heirlooms that
you have? Who’s going to get that? You know, it’s better to begin
talking about that now, as opposed to letting your heirs fight over it or
discuss it or argue over it, after your death.
I even had one client of mine who talked to their children about it, and
they put stickies on the back of all of their pictures and all of their
things, so that when the time came to distribute all that, it had already
been decided. You know, it’s better to decide it ahead of time, as
opposed to afterwards, when there can be misunderstandings and
wrong expectations.
So, begin your wealth transfer planning now, by determining who’s
going to get what and when they’re going get it.
Blue -3-
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