Wealth Planning Blog

As if estate planning didn't already seem complicated enough, blended families now make up a growing portion of our demographic and pose many additional considerations when trying to plan for the transition of their estate. When I started my practice as a wealth planning attorney, I would say about two out of ten families that I met with for estate planning or administration purposes were what we call "blended families" - families where at least one person brought children from a prior marriage. 

So I’m an estate planner …well … what’s that mean? That’s a question I get all the time, whether by a prospective client or a neighbor or somebody sitting next to me at the bar. My answer: I make things easier for families during the worst possible situations. Whether that is a result of a loved one dying, becoming incapacitated, getting divorced… But let’s be honest, isn’t estate planning the easiest thing to put off and not talk about? I mean it’s morbid… sad to think about. 

When we meet with families, we not only try to recommend a customized estate plan that incorporates all of their desires, but we then proceed to hound them to get all of their “homework” done once their plan is in place. After all, signing the documents is only the first step. An “unfunded” estate plan is about as worthless as only having one sock. Although getting our clients to do their homework sometimes seems harder than teaching an old dog to do new tricks, we refuse to let our clients fail themselves. So, on the path of funding, we typically start with the house.

If you haven’t had the pleasure of administering someone’s trust estate yet, you are likely to either be involved in such an administration someday, or will have someone administering yours for you in the future. Many trusts being administered today, however, were drafted in the 80’s and 90’s and were never updated or revisited once they were put into place. This leaves children and grandchildren struggling to administer trust estates subject to terms that are either outdated or simply don’t make sense anymore for their families.

Over the years, estate and gift taxation has often been a see-saw of policy and tax rate changes. As administrations come and go, it seems so do the tax rates on estates and gifts. From 1 million to 5 million to unlimited millions, the administrations lead our planning to be based on a “best guess” of what’s coming next. Then, last year we finally got a “permanent law” that indexed the rates for inflation but otherwise left them predictable. Or, so some of us thought.