| Many
individuals (and their families) are stunned when they realize that
a significant portion of their estate can be exposed to federal estate
taxes at rates up to 55%.
Estate taxes
are not just a worry for a relative handful of well-heeled people
who are going to die with piles of money. That’s because federal
estate taxes are assessed on estates worth more than $675,000 -
an amount that in this day and age is surpassed with more and more
frequency. That’s based on net assets, or the value of all your
possessions minus your debt, says attorney Douglas P. Barnes, an
estate planning attorney located in San Jose, CA.
The amount of
money you can leave to your heirs without facing estate taxes is
gradually rising. By 2006, you will be able to leave up to $1 million
in assets to your heirs without them facing any federal estate taxes.
Then too, estate
taxes become an issue only after the death of both spouses. If one
spouse dies, the surviving spouse gets a 100% estate tax exclusion.
In other words, no federal estate taxes are due at the death of
the first spouse, no matter the size of the assets.
If you are married
and have a large estate, you’d be wise to plan for estate taxes
while both you and your spouse are alive. Careful planning can double
the amount of assets - $675,000 per spouse - that can be bequeathed
free of tax to the next generation of heirs, which can save them
hundreds of thousands of dollars.
The first step
in your planning when you have more than $675,000 in net assets
should be to create an A-B trust, or so-called bypass trust. An
A-B trust can be appended to a will or to a living trust.
Either way,
it does one simple thing: It breaks off a set amount of a couple’s
joint assets on the death of the first spouse. The investment earnings
from those assets go to the surviving spouse, but the principal
of those assets also can be used by the surviving spouse if need
be. However, at the death of the surviving spouse, the principal
in that account goes to the heirs - children, grandchildren and
friends. By breaking off those assets at the death of the first
spouse, the spouse’s $675,000 estate tax exemption is preserved,
saving the heirs as much as $277,000.
Though creating
a bypass trust does cost money, it’s not prohibitively expensive,
experts note. Because the language to set up these trusts is fairly
standard, it generally adds just a few hundred dollars to the cost
of creating a will or living trust.
What if you
have considerably more than $1.35 million in assets? Get generous,
Barnes suggests.
Every American
has the right to give away $10,000 per recipient per year, without
being subject to estate or gift taxes. That gives you the ability
to significantly reduce the value of your estate, and you get the
added benefit of watching your heirs enjoy their inheritance while
you are alive.
Consider a hypothetical
married couple, John and Jane Jones, who have three children and
seven grandchildren to whom they wish to leave all their money.
They have $3 million in net assets.
The Jones’ prepare
an A-B trust, which ensures they’ll be able to bequeath $1.35 million
without paying estate taxes. But they have $1.65 million in remaining
assets. What do they do? John gives $10,000 to each of his children
and grandchildren. Jane does the same.
In a single
year, that moves $200,000 out of the elder Jones’ estate into the
hands of their eventual heirs. The size of the Jones’ taxable estate
drops to $1.45 million.
If they keep
this up for a few years, they will eliminate their estate tax problem,
enrich their children and grandchildren and still have plenty left
to live on.
If the Jones’
had fewer heirs, they still would have many ways to lower the value
of their estate. Let’s say they have just one child and two college-bound
grandchildren who desperately want to go to Stanford and Yale, two
of the most expensive universities in the nation.
As long as the
Jones’ pay the money directly to the college rather than to the
kids, they can finance all the tuition-regardless of the amount-without
worrying about estate or gift taxes, Barnes says. In fact, you can
pay tuition or medical expenses for anyone, he says.
In the event
that all these techniques still haven’t wiped away your estate tax
problems, you can write a simple declarative sentence in your will
or living trust that eliminates the need to pay estate taxes on
the remaining assets: “I leave the rest of my estate to charities
X, Y and Z.” (It’s smart to give assets to charity before you die,
however, because you get current-year income tax deductions.)
People who have
large estates or who hesitate to give away money before they die
may have to resort to more complicated and costly techniques, such
as creating charitable remainder trusts, family limited partnerships
and qualified personal residence trusts.
For advice about
the best types of trusts it is recommended that you seek help from
a professional tax advisor.
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