Asset Protection: Why Outright Distribution is Almost Always a Bad Idea
When you leave behind a large inheritance, you may think it is setting up your beneficiaries for life. However, the facts suggest that a large sum of money may not last as long as you would think. 70% of lottery winners, whether it be $1 million or $100 million, end up either losing or spending all of their winnings within five years, and one third of these winners end up declaring bankruptcy. While you may think your beneficiaries can handle the money, you never really know unless it happens. By creating a trust through proper estate planning, you can easily avoid these pitfalls.
Let's say you have complete confidence that your beneficiary can handle their inheritance outright. But what happens when 3rd parties try to attach themselves to their inheritance? Your beneficiary's spouse may end up taking or forcing the inheritance to be spent in a divorce. Creditors, fortune hunters and scammers may attempt to access the inheritance through your beneficiary. With their newfound wealth, your beneficiary may become the target of lawsuits, frivolous or otherwise. Even if you avoid all these, without a proper estate plan, you may end up losing much more of the inheritance than you have to in federal taxes.
A trust may be sufficient for ensuring your beneficiary does not blow through their entire inheritance, but may not provide sufficient protection from creditors. But through over 20 years of experience, Michelle can provide this protection through the Personal Asset TrustSM, which allows essentially the same control to the beneficiary but with the flexibility to provide as much or as little asset protection as needed to ensure the inheritance you are leaving to your beneficiary actually ends up in their hands.
Let's say you have complete confidence that your beneficiary can handle their inheritance outright. But what happens when 3rd parties try to attach themselves to their inheritance? Your beneficiary's spouse may end up taking or forcing the inheritance to be spent in a divorce. Creditors, fortune hunters and scammers may attempt to access the inheritance through your beneficiary. With their newfound wealth, your beneficiary may become the target of lawsuits, frivolous or otherwise. Even if you avoid all these, without a proper estate plan, you may end up losing much more of the inheritance than you have to in federal taxes.
A trust may be sufficient for ensuring your beneficiary does not blow through their entire inheritance, but may not provide sufficient protection from creditors. But through over 20 years of experience, Michelle can provide this protection through the Personal Asset TrustSM, which allows essentially the same control to the beneficiary but with the flexibility to provide as much or as little asset protection as needed to ensure the inheritance you are leaving to your beneficiary actually ends up in their hands.
The Top 5 Reasons for an Estate Plan
1. Avoiding Probate
The most common reason why people seek the advice of an estate planning attorney is to avoid probate. While many have never even dealt with probate, they still know one thing - they want to avoid it at all costs. This stems from probate horror stories by neighbors, friends or business associates. Avoiding probate is a very good reason for creating an estate plan.
2. Reducing Estate Taxes
The significant loss of one's estate to the payment of federal estate tax is a great reason to put an estate plan together. Through the most basic planning, married couples can reduce or even possibly eliminate estate taxes altogether by setting up a revocable living trust.
3. Protecting Children under 18 years old
If a beneficiary is under 18 years old (a minor), the law requires a guardian to be appointed to oversee the minor's needs and finances until the minor becomes a legal adult. You can prevent family discord and costly legal expenses by taking the time to designate a guardian and trustee for your minor beneficiaries.
4. Asset Protection
A plan to protect your assets against creditors must be created before you suspect that a lawsuit is on the horizon. A comprehensive estate plan will protect your assets during your lifetime and to your beneficiaries after your death.
5. Reducing Family Conflict
Many clients seek the advice of an estate planning attorney after personally experiencing, or seeing a close friend or business associate experience, a significant waste of time and money due to a loved one's failure to make an estate plan. Deciding who, in advance, will get what, when they will get it, and how they will get it after you are gone will go a long way towards avoiding family fights and costly court proceedings.
Confidential, independent, and trustworthy advice
No matter what your age today, it has taken you a lifetime to acquire the assets you have now. Deciding what will happen to those assets when you die or are incapacitated is a matter that deserves the most professional, knowledgeable and independent assistance available.
Call Michelle to discuss, in confidence, your range of estate planning issues. Her knowledge and independence will assist you in developing an effective plan to secure the future of your financial holdings. Michelle will walk you through the estate planning process with friendliness and professionalism. You will be placed at the center of her attention.