Klitzman Law Group, PLLC

How Younger Adults Take Charge of Estate Planning

However, recent anecdotal trends show a new, positive shift among millennials or Gen-Z individuals. According to a recent article from Forbes, “Why Gen-Z Is Suddenly Creating Wills And Trusts—And You Should Too,” within recent months, more and more millennials and Gen-Zers who are being told to create an estate plan are actually going ahead and doing so.

The article says Gen-Zers and millennials have become the “quiet leaders” of estate planning. Several things are driving this shift:

Digital Assets. Younger people, even those of modest means, have significant digital assets, including cryptocurrencies, online businesses and many social media accounts.

COVID. Living through a global pandemic and experiencing the unexpected loss of family members raised awareness relatively early in their adult years of the repercussions of not having an estate plan.

Changing Family Structures. “Modern Family” is more than entertainment. Today’s family is more likely to be different than the traditional family structure of the past, and clear directives are needed to prepare for asset distribution.

Valuing Philanthropy. Younger adults are more aware of the role nonprofits play, whether in their immediate communities or globally. They are also more likely to give a portion of their estate to nonprofit organizations.

Financial Savvy. Younger adults are more candid than past generations with their peers about money and how to protect it through estate planning as part of money management and investment strategies.

Having an estate plan can protect a legacy for family and children, while not having one could mean giving half of your estate to the government in taxes. An estate planning attorney can help to avoid or minimize probate, a court process requiring your will to become a public document. Probate can delay the distribution of property and can be costly.

Another reason to have a will is to minimize family conflict. Your family won’t be left guessing how you want your assets to be distributed. It is also less likely that there will be family fights or misunderstandings after you’ve passed.

Estate plans are not just for wealthy people but anyone who cares enough about their family to protect them. Younger adults embracing estate planning is a good sign for the future.

Reference: Forbes (April 17, 2024) “Why Gen-Z Is Suddenly Creating Wills And Trusts—And You Should Too”

Digital Life Lives on After You’re Gone, Unless You Plan Ahead

Every year, Americans receive Facebook reminders to wish departed friends a happy birthday. It’s a sad reminder, but it happens because most people don’t address digital footprints as part of their estate plans. A recent article from the Monterey Herald, “Liza Horvath, Senior Advocate: Your digital life does not die with you,” explains how to get started.

Ensure that your executor has a list of websites and apps where you are a user. This includes Facebook, Instagram, X (formerly known as Twitter), Linked In, Snapchat, WhatsApp, Google email, Microsoft Outlook, bank accounts, investment accounts, photo storage and any other sites you use. You can use an online password manager or paper to make a list. If you create a spreadsheet on your computer, you’ll want to encrypt it to prevent unwanted access and ensure that your executor has the password. Whatever method you use, make sure that your executor knows where the information can be found.

When you die, certain platforms allow you to name someone to become your Account Manager or Legacy contact. Google’s Account Manager lets you set up parameters to notify someone if you have been inactive for a certain period of time. Facebook enables you to name a person to manage your account after you pass away. Apple also has a Legacy Contact option.

Like everything else online, website guidelines change, so you’ll want to create a Digital Will establishing your wishes for your social media and online accounts, referred to as “Directives.”

If you have digital currency or cryptocurrency, you’ll need an executor who understands how crypto works. They should be able to access your digital wallet and “key”, so they may access your assets. These funds are frequently lost due to a lack of planning and no paper trail to follow.

Depending upon your state, you may be able to give your Power of Attorney access to your digital assets in case of incapacity. Speak with your estate planning attorney to be sure that your will or trust addresses the ability to manage digital assets according to the laws of your state.

If creating a list of digital accounts seems too much to deal with, imagine your executor having to figure out your digital life. Without digital estate planning, your assets could be lost. As a result, your entire online life is vulnerable to digital identity theft that could easily continue for decades.

Reference: Monterey Herald (March 1, 2024) “Liza Horvath, Senior Advocate: Your digital life does not die with you”

Plan for 2024 Income Taxes as the New Year Gets Underway

You may have many questions about the IRS’ adjustments. Now is the time to consider what moves to make in 2024 for the tax year ahead, according to a recent article from l Advisor, “Best Practices: 2024 Income Tax Planning.” Deferring income could provide tax savings, or bunching itemized deductions in 2024 to take a standard deduction the next year could help save money over the long run.

The current inflation-adjusted lifetime exemption—the amount the IRS permits an individual to give away throughout their lifetime without needing to pay federal gift tax—is, for now, still very high, at $13.61 million. Now is the time to speak with your estate planning attorney about options for philanthropy and grants, whether gifting to a charity, making direct contributions to an IRA, or supporting a 529 college savings plan.

A discussion should also take place with your CPA to discuss tax loss harvesting and liquidating assets depending on personal needs and market performance. Positioning your portfolio to maximize the benefit of a lower tax rate on long-term capital gains investments and qualified dividends should also be considered.

As we move through a presidential election year, tax chatter is likely to pick up. The sun-setting of federal estate tax exemption laws and the IRS’ increased scrutiny on high-net-worth individuals may impact estate planning and exemptions.

The IRS is funding thousands of new agents and adopting new technology, including AI and analytics, to improve oversight with a focus on pass-through entities including LLCs, GPs, LPs and S-Corporations, among others.

With the federal estate tax exemption anticipated to end at the close of 2025, now is the time to prepare. Maintaining the current exemptions for another ten years would cost the government $3.3 trillion, so it is likely sunset at the scheduled time. The rules cover higher standardized deductions, reduced estate tax, lower tax rates at all levels, qualified business income and a $10,000 limit on state and local tax deductions.

Reference: Financial Advisor (Jan. 25, 2024) “Best Practices: 2024 Income Tax Planning”

What Is the Best Method of Disinheriting Someone?

There is a myth about being able to exclude someone from receiving an inheritance by leaving the person a single dollar as a token inheritance amount. The myth is as pervasive as it is incorrect, according to an article, “The art and science to disinheriting someone,” from Coeur d’Alene/Post Falls Press.

This myth often shows up when people try to create their own wills. The theory is that by leaving a single dollar, the heir cannot make a case to a judge that their parents forgot to include them in the will, and doing so was an unintended oversight, one the judge can fix.

While this method doesn’t work, a well-written will can avoid the possibility of presenting an argument about an heir being forgotten. The person to be disinherited needs to be identified clearly, as well as the relationship of the person to the person making the will, and specific language goes into the will explaining the person is in no way, shape, or form to receive any inheritance from the estate.

The practice of leaving a token one-dollar inheritance to someone you want to exclude from the estate actually creates more problems than it solves. By leaving a token gift, you’ve made the person a beneficiary of the will or trust estate, thereby giving them rights they would not otherwise have had.

The token one dollar now means the person is within their legal rights to require notice of proceedings and accountings of finances of the probate or trust estate and has other rights unique to estate beneficiaries.

In short, the person you presented with a one-dollar inheritance can create a lot of trouble for the executor.

Another strategy when a person wishes to make an heir less likely to challenge the distribution of property is to use a no-contest provision in the will. The no-contest provision needs to align with the laws of the state. However, the overall concept is that anyone challenging the will shall not receive an inheritance and may have to pay legal fees for contesting the will.

A version of this is to give the person a certain amount of inheritance, enough that they wouldn’t want to lose it and use a no-contest provision. They have a choice—accept the inheritance they were offered or challenge it and risk losing everything.

Experienced estate planning attorneys have seen many different situations where someone wished to leave a family member out of the will. Have a candid discussion with your estate planning attorney about your situation, including the history of the person you wish to leave out of your will, and they’ll find a solution to resolve the issue.

Reference: Coeur d’Alene/Post Falls Press (Jan. 14. 2024) “The art and science to disinheriting someone”

Prevent Difficulties in Probate with Advance Planning

If you think gathering your papers, passwords, logins, account information and estate planning documents is a challenging task, consider your heirs trying to do it after you’ve passed and while they are grieving your loss. By preparing all the information they’ll need, you’ll make their inheritance process as easy as possible, says a recent article from Next Avenue, “6 Ways To Save Your Heirs from a Painful Probate.”

A List of Passwords for Hardware, Online Accounts and More Our cellphones, tablets, computers, online accounts and other technology all hold important information. If your executor tries to access information and accounts, they’ll need more than your passwords. If you have accounts with two-factor authentication, for instance, they’ll need to be able to access your email and/or cellphone to access other digital assets. The list should include things like social media usernames and passwords. The information must be kept somewhere safe where a spouse or executor can find it. Some tech platforms allow you to name a legacy contact with the right to access accounts after you pass. A password manager system might be helpful. However, this may add another layer of frustration for non-technical people.

List All Assets and Accounts with Contact Information. Whether you use a spreadsheet or a notebook, this is crucial information. Make sure to include investment accounts, checking and savings accounts, 401(k)s, IRAs, pension accounts, brokerage accounts, etc. Provide contact information for your estate planning attorney, accountant and financial advisor.

The information must be well organized because it will be a lot of data. Your executor will also need the accounts for running your household, paying utilities, mortgage, cable, etc. The same goes for health insurance, Medicare or Medicaid information, life insurance policies, car insurance and deeds to your home and car.

Tell the Executor and/or Heirs Where Your Information is Located. One estate planning attorney reports receiving a few monthly calls from grieving heirs who have no idea where the estate planning documents are, who takes care of the financial accounts, or how to access these accounts. Sometimes, the calls come from people who aren’t even clients but are hoping there might be some special resource known to estate planning attorneys to provide this information. There is no such thing.

Plan for the Unexpected A significant part of estate planning is planning for financial and healthcare decisions while you are still living. A living will details whether or not you want to be kept alive by heroic or artificial means, and a power of attorney authorizes someone to make decisions on your behalf. Without a POA, the person may recover from their medical emergency to find a financial mess of late bills, missed insurance premiums, or a host of issues that could have been dealt with on their behalf. Without healthcare surrogate documents and discussions of your wishes in difficult health situations, the family will need to make difficult healthcare decisions in highly stressful situations.

If the proper documents are not in place, the family must go to court to have someone named a guardian, who can then make health care decisions for you. The same process will be needed to have someone manage your financial affairs, called conservatorship. These are expensive and invasive court processes that can easily be avoided.

Talk with your estate planning attorney and family members to plan for the future. You’ll all feel better knowing that you’ll all be prepared when difficulties arise.

Reference: Next Avenue (Jan. 9, 2024) “6 Ways To Save Your Heirs from a Painful Probate”

How Do I Use Donor-Advised Funds?

Under current tax laws, if you own an IRA and are 70½ and older, you may directly donate $100,000 to a charity without needing to report the contribution as income. According to the article “Donor-Advised Funds And Tax-Wise Charitable Giving” from Financial Advisor, this is referred to as a QCD or Qualified Charitable Distribution.

A QCD is a great way for people over 70 to support a charity, while saving on taxes. The donor gives pre-tax money to a cause they care about, creating a dollar-for-dollar income tax deduction. It’s beneficial for filing 2024 taxes when the federal standard deduction for those over 70, married, and filing jointly stands at more than $30,000 (including the additional amount for seniors). Also, there are limits on state and local income tax deductions. Because of the high standard deduction and state and local limits, and most seniors are unlikely to have much in the way of deductible interest charges, all or most of a person’s annual donations to charity are not tax deductible. Using the QCD, taxpayers can get deductions in a different way.

People looking for innovative tax strategies face another problem created by the 2019 SECURE Act. If taxpayers inherit money from IRAs or 401(k)s of deceased parents or other relatives, they must add those proceeds to taxable income within ten years. Chances are their inheritance will come during their peak earning years, meaning their taxes will rise much more than if they were retired when income would be lower.

The combination of higher income taxes and less time to grow inherited retirement accounts could easily mean a loss of nearly twice as much as what heirs would have lost before the SECURE Act.

The SECURE Act tax hurdles don’t stop there, making estate planning with taxes in mind an even more critical part of financial plans. Most IRA and 401(k) heirs, especially those with small mortgages, won’t receive a full federal income tax deduction for what they give each year. Some of these deduction issues could be resolved if deduction limits are restored starting January 1, 2026, when the Tax Cuts and Jobs Act might end. However, the SECURE issues remain.

One solution might be for the IRA or 401(k) account owners to create a pool of money, effective upon their deaths, which the children can use later for their annual charitable donations. The pool of money could be created by designating a donor-advised fund (DAF) as a beneficiary of all or a portion of their retirement accounts when they die. Here’s the general concept: if the children are going to be making annual charitable donations during their lifetimes, the owners arrange it so the children don’t use mainly after-tax funds to make their donations. Instead, they can use pre-tax money from the charitable vehicle.

Talk with your estate planning attorney about how making donor-advised funds part of your estate plan could alleviate tax burdens for you, your estate and your heirs.

Reference: Financial Advisor (Dec. 6, 2023) “Donor-Advised Funds And Tax-Wise Charitable Giving”

Can You Completely Avoid Probate?

When you die, your estate will typically need to go to your heirs through the probate process, which can take several months, might be expensive and will be stressful for loved ones. The article “How To Avoid Probate In 2023” from Forbes applies to avoiding probate in any year and contains useful tips and recommendations.

Simplified Procedures in Some States. Estate law is state-specific, so in some states, there is a means of transferring wealth for a small estate. An estate planning attorney will know how your jurisdiction works. Eligibility varies based on the estate's total value, the types of assets transferred and who the heirs are. Just because the process is simplified doesn’t mean there won’t be some court involvement. The estate may be vulnerable to creditors, and estate taxes may be owed to the state, so you’ll still want to take steps to protect your estate.

Gifting Assets With Warm Hands. In 2024, you can gift up to $18,000 per person without triggering a gift tax. Married couples may gift a combined $36,000. Let’s say you and your spouse have two children. You may give $36,000 to each child, taking $72,000 out of your estate. This is used as a simple way to reduce a taxable estate. However, don’t gift without carefully analyzing what you and your spouse need to live on. You’ll also want to be sure that you have enough funds for emergencies.

Creating a Trust. Creating a trust is another way to take assets out of your taxable and probate estate. Money, investment accounts and even insurance policies can be moved into trusts. The trust is a legal entity, and once assets are transferred into the trust, they are owned by the trust and not by the person who established the trust. The language in the trust document outlines exactly how you want the assets to be distributed, and a trustee must be selected to manage the trust.

Many different types of trusts serve a variety of purposes. A revocable living trust allows the grantor to change or modify the trust whenever the grantor wants. Nevertheless, the high level of access and flexibility comes with a cost—the assets in the trust may be subject to creditor claims and estate taxes.  An irrevocable trust cannot be changed and provides better protection. Your estate planning attorney will know which type of trust best suits your needs. A trust may also be useful when planning for incapacity and qualifying for Medicaid for long-term care.

Joint Ownership. Owning property with another person can help transfer assets after death. However, some risks are involved. If you and the other person have a falling out or disagree over how the property should be managed, or one wants to sell and the other doesn’t, you could end up in court. In addition, if the other person is sued or goes through a divorce, you may find yourself owning assets with someone you didn’t plan on being in business with.

Pay-on-Death Accounts. Some, but not all, banks and financial institutions allow accounts to be set up to pay another person upon the death of the owner. If possible, you’ll need to list a beneficiary on the account, and the assets will transfer automatically to that person outside of probate. Make sure to update your beneficiary designations, so the correct person receives the assets upon your death. If you have multiple children and only one child’s name is listed as beneficiary, they have no legal obligation to share the assets with their siblings. Using Pay-On-Death accounts should be coordinated with the whole of your estate plan, if an equal distribution is your goal.

If a will is prepared improperly, your family could become embroiled in a court proceeding to settle the estate. The best way to avoid or minimize court involvement is to work with an experienced estate planning attorney who can create a plan addressing your unique situation and achieve your goals.

Reference: Forbes (Nov. 30, 2023) “How To Avoid Probate In 2023”

Can I Prevent Children from Fighting over my Estate?

Even the best of sibling relationships can become strained after the death of a parent. This is especially true if the estate includes real estate, like a family or vacation home. More than one adult child often wishes to inherit the asset for sentimental and financial reasons, according to the recent article “Estate Planning: Reducing risk of family in-fighting” from Lake County News.

Sometimes, a family discussion between parents and children about the planned property division can reach an agreement, becoming part of the parent’s estate plan. However, there are times when this isn’t possible.

When the family is a late-in-life blended family, gaining consensus among the siblings may be more difficult, especially if the two sets of children were never close or never got along.

Some children may expect their biological parents to leave the assets brought into the second marriage to their biological children. Stepparents need to take steps to ensure that their separate property goes to their own children. Their stepchildren don’t have to approve of the gift. However, it is crucial for proper estate planning to be done in advance.

If the parent wishes to give each child an equal share of their inheritance and the inheritance includes real property, it may be best to use cash gifts to equalize their shares. The monetary gifts might be funded through life insurance proceeds or by having the successor trustee borrow against the real estate.

This may mean the child who inherits the real property will take it subject to the loan, which they will pay off, or refinance the debt upon distribution.

Families who own businesses require special consideration because some children may be actively involved while others are not. Succession planning will need to be done, including placing the business in a partnership or a corporation. The children involved in the business may be made general partners or executive officers in the corporation. In contrast, the children not involved in the business could be made passive partners or given ownership interests without an active participation role.

Suppose the estate includes valuable heirlooms or items with great sentimental value. Conversations about the individual items should occur while parents live. In that case, the wishes should be incorporated into the will.

If it seems as if the family can anticipate disputes over possessions or assets, an experienced estate planning attorney can prepare an estate plan designed to withstand challenges. This type of protection varies depending on the circumstances and the anticipated nature of the challenges.

One common scenario is a disgruntled child pressuring the parents to change their will to favor the child. If a no-contest clause is used, where anyone who disputes the will and loses the lawsuit will also lose what they would have otherwise inherited from the estate, other siblings may lose out entirely. Preparing a will for challenges requires a lot of strategy and planning .

In some states, it is possible to petition the court to confirm the terms of the trust while the grantor is living. This forces any contest to occur while the parent is still living and can testify to their intentions. In some high-value estates, this is a pre-emptive strategy to be considered.

Reference: Lake County News (Dec. 9, 2023) “Estate Planning: Reducing risk of family in-fighting”

How Does a Pour-Over Will Work?

A Revocable Living Trust allows a married couple or a single person to direct what they wish to happen to their possessions after death. It also indicates who will be in charge of carrying out their instructions without the involvement of a probate court, explains a recent article from Coeur d’Alene/Post Falls Press, “If you have a living trust, you also need a pour-over will.”

It should be noted that the Revocable Living Trust instructions only apply to assets placed into the Trust, referred to as “funding the trust.” This crucial step must occur as soon as the trust is created. Your estate planning attorney can help you get your assets into the trust. However, if you acquire any new assets over time, they, too, must be placed into the trust.

If you don’t remember to put them into the trust, they become part of your probate estate unless you take steps to prevent this from happening.

If you don’t have a will and assets are not included in your Revocable Living Trust, your assets will be distributed according to your state’s laws. This is probably not what you thought when you created the Revocable Living Trust.

However, this is a problem with a solution. Your estate planning attorney needs to create what is referred to as a “Pour-Over Will.” This type of will differs from a traditional one because it includes specific instructions to place any assets not already in your trust into your trust as soon as possible.

This type of will must go through the probate process. However, probate will only apply to assets left out of the trust. Having most of your assets inside the Revocable Living Trust will help probate to be less arduous for all concerned.

The goal of using a Revocable Living Trust is to avoid probate altogether. Therefore, combining the Revocable Living Trust with a Pour-Over Will adds another layer of protection all trust users should have in place.

If you are a parent with minor children, you should have had a will created by an experienced estate planning attorney as soon as your children were born. The will is used to name the person or people who you want to serve as guardians for your minor child or children if both of the child’s parents are deceased or unavailable to act as parents.

Without this provision in your will, a court will determine who will raise your child. Will it be the person you would have chosen? There’s no way to know unless you put this information into your will.

These details in estate planning go a long way in protecting your family and ensuring that your wishes are carried out.

Reference: Coeur d’Alene/Post Falls Press (Nov. 29, 2023) “If you have a living trust, you also need a pour-over will”

Estate Planning for Millennials and Gen Zers

Estate planning is increasingly on the mind of younger adults, far from the stereotype of being only of interest to older, affluent couples nearing retirement or dealing with health concerns. These younger generations have unique attributes, including pragmatic financial views and humanitarian concerns, according to a recent article, “Six Estate Planning Tips for Younger Generations,” from Kiplinger. Here are tips to make this process easier for any generation.

Start with a basic will, which guides how assets and possessions are distributed after one’s passing. Prepared by an experienced estate planning attorney, the will should minimize potential disputes, include a clear delineation of assets and beneficiaries and name an executor to manage the estate and guardianship for any surviving dependents.

Appoint a power of attorney and draft medical directives. Power of Attorney and Medical Directives are basic documents that state your preferences during incapacity. A POA grants a named individual the legal authority to act on your behalf for legal and financial matters, if you cannot do so. Medical directives establish your wishes regarding medical treatment and end-of-life care. While taking care of these matters, you may also want to consider becoming an organ donor.

Determine who you want to be your children’s guardian. Naming a guardian of your minor children isn’t pleasant. However, it ensures that you and your partner make this decision, not the court.

Consider a living trust. Living trusts offer a strategic means of managing assets and helping to ensure that your surviving loved ones maintain control of your assets after you have passed. The trust, established with the help of an estate planning attorney, grants ownership of certain assets or properties into the trust, which becomes their owner. A trustee is named to manage and distribute these assets in accordance with your wishes. In some instances, it makes sense to hire a professional trustee, especially if the trust will need to be managed for decades.

By taking assets out of your estate and placing them into a trust, these assets won’t go through the probate process. Probate involves your executor filing your will with a court after you die. The court reviews the will to validate it and grants the named executor the power to execute your final instructions. Probate can be lengthy, expensive and emotionally charged for the family. Your will is entered into the public record, so anyone who wants to can see your will and know your final wishes.

Don’t forget your digital assets. Younger generations are more aware of the value and footprint of their digital assets. They often name a specific digital executor in their estate plans to ensure that their many accounts and digital assets are managed after their passing.

Seek professional advice and update documents. Despite a plethora of online sites and apps, estate planning documents require the skillful handling of an experienced estate planning attorney. Estate laws are state-specific, so wills and trust documents must be created with local laws in mind. Your estate plan documents, from wills to insurance policies, should be reviewed every three to five years. Every time there’s a significant change in your life, like getting married, buying a home, having a child, or getting divorced, this should also be done.

Reference: Kiplinger (Dec. 3, 2023) “Six Estate Planning Tips for Younger Generations”