Most of the concepts and strategies you read in this tax column are really answers to questions asked (or concerns, problems or fears told to us) by readers who called our office. Also tossed into the column is a large helping of our years of experience consulting with our readers. About three out of every four readers who call ask a variation of this troublesome question, "What will estate planning do for me, my family and my business?" The simple answer: The "right plan" will accomplish all your goals. Actually the right estate plan is a group of small plans that all dovetail together. There are basically two types of plans: a lifetime plan that should start now (in the next two or three months), and a death plan (really your will and trust documents) that can sit in a drawer until you get hit by the final bus. By far the lifetime plan is the most important of the two. Let me say it loud and clear: Never, under any circumstances can your will and trust-no matter how fancy or how long-accomplish your lifetime goals. Even worse, standing alone, rarely can your will and trust accomplish your estate planning (death) goals. Remember, your death documents do absolutely nothing until after you have drawn your last breath. Okay, so lifetime planning is the way to go. The typical business owner (let's call him Joe) will have three plans:
(1) a retirement plan,
(2) a business succession plan (who will run the company when Joe slows down, because in practice Joe rarely totally leaves the business until he goes to business heaven) and
(3) a business transfer plan (usually leaving the business to Joe's business child or children) or a sales plan (to key employees or an outside buyer if there are no kids or employees to take over the business). Can you imagine any of these three plans being effectively handled in death documents? The various plans that we-as consultants-create are in response to the goals that you-the client-list. To help you get started on the first task of creating the "right plans" the balance of this article focuses on the ten most common goals we hear from clients in the real world. Every one of these goals can be accomplished with ease by employing the appropriate strategy [most often used strategies given in brackets]. You'll easily recognize which are part of a lifetime plan and which a death plan.
As you read, circle the goals that match your goals.
1. Maintain our lifestyle (Joe's and his wife Mary) for as long a we live [intentionally defective trust, S corporation, family limited partnership, retirement plan, TIPs, which stands for transferable insurance policies].
2. Control my (Joe's) wealth-including my business-for as long as I live [voting/nonvoting stock for business, family limited partnership].
3. Maintain Mary's lifestyle for as long as she lives [marital deduction, irrevocable life insurance trust, plus all strategies as shown in 1 above].
4. Pass all of my wealth-every dime of it-to my family, instead of losing it to the IRS [strategies as shown in the other eleven items in this list].
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