UnThreaded | Threaded | Whole Thread (124) | Ignore Thread Prev Thread | Prev | Next | Next Thread
Author: 2gifts Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 75701  
Subject: Re: Talk me out of a Financial Advisor Date: 6/5/2013 9:05 AM
Post New | Post Reply | Reply Later | Create Poll . Report this Post | Recommend it!
Recommendations: 2
Also, if you fear both parents dying while you child is too young to handle money (for some, this can go far into adulthood), a trust would name a trustee and whatever conditions or limitations you might want to impose (such as the age of final distribution)

I think this is the primary reason we would want a trust. I think I would have been ill equipped to handle 6 or 7 figures when I was in my 20s and I know I'm better than most.


Actually, no, the primary reason is not that your daughter would be too young to handle the money. The primary reason for the trust (and it could be set up via the will or set up now) is that you want to protect both your wife's lifetime exemption as well as yours when passing the entire estate to your daughter. Assuming you will have a large enough estate to worry about estate taxes, when the first spouse dies, the entire estate will pass to the surviving spouse, but the lifetime exemption is then lost because there is no limit on the size of the estate that can be passed to a spouse without triggering estate taxes. However, when that spouse dies and everything goes to the daughter, only the lifetime exemption of that last spouse is used before estate taxes are due, so you have lost the first exemption.

So if you have a $10million estate, and you die, your wife inherits your half of it without estate taxes, but your $5 million exemption is not used. When she dies, your daughter then inherits that $10 million estate, but there is a $5 million exemption from your wife, and so your daughter owes taxes on the additional $5 million. If, however, you had left your half to a trust when you died, your #5 million exemption is used up. When your wife dies, her $5 million exemption is then used, and daughter has now inherited that $10 million without having to pay estate taxes because both exemptions were used.

There are other reasons to use a trust including that your affairs remain private where the terms of a will are public, it is very difficult to contest a trust since the terms are not public, and you don't have to go through probate.

We have had a trust since the kids were 3 years old mostly to keep our affairs private and to avoid probate.

There are multiple ways to handle this, and an estate planning attorney is your best bet.
Post New | Post Reply | Reply Later | Create Poll . Report this Post | Recommend it!
Print the post  
UnThreaded | Threaded | Whole Thread (124) | Ignore Thread Prev Thread | Prev | Next | Next Thread

Announcements

The Retire Early Home Page
Discussion on accelerating retirement day.
Managing Your Wealth
Our own TMFHockeypop from Rule Your Retirement fame on the TV show Managing Your Wealth.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Post of the Day:
Value Hounds

Back to the Future Buffalo Wild Wings
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
Community Home
Speak Your Mind, Start Your Blog, Rate Your Stocks

Community Team Fools - who are those TMF's?
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and "#1 Media Company to Work For" (BusinessInsider 2011)! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.
Advertisement