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We will need a
"snapshot" of your current asset status. This will
include your estimate of values of your real estate and financial
holdings. Your opinion of real estate values need not be perfect.
This "snapshot" of financial assets will give us
information we need to know to assist you in putting together an
appropriate inheritance plan.
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Will your children carry out your
plan? Typically, you will appoint one or more of your children
as your successor trustee(s) (your after-death agents). We will want
to know if there is a risk that your children may alter or deviate
from your inheritance plan.
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Taking Care of the Surviving
Spouse. Typically husbands die first. It is important to talk
about who will be in control of the surviving spouse’s wealth in
the event of incapacity or incompetence. Are your children the
appropriate ones to decide nursing home placement and/or in-home
care? We will talk about whether your children are the appropriate
ones to deal with the surviving parent’s wealth and making
decisions on behalf of an incapacitated or incompetent surviving
parent.
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A primary goal of inheritance
planning is to "do no harm" to your children or
create enmity among your children. In this regard, We will want to
know if you plan to leave your wealth to your children equally, and
if so, have there been any lifetime gifts or advances that require
equalization.
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If a child is to be a successor
trustee, we will talk about whether we should select all or just
some of your children for that important role.
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We will talk about whether the
inheritance share should go outright to your children or into a
protection trust. An outright inheritance subjects that wealth
to that child’s marital problems, and other risks of life.
Allocating an inheritance share to a "protection trust"
will preserve that inheritance as that child’s separate property,
will keep the inheritance share in the "bloodline", and to
some extent reduce or eliminate the estate tax when the inherited
share in the hands of a child goes to a grandchild.
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If you have children of a prior
marriage, we must talk about the best way to prevent or minimize
"economic conflict" between your second spouse and your
children with your first spouse.
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We will want to know if a child
has a physical, emotional, or mental disability. Is a child
suffering from any addictions or other problems making it
inappropriate to have that child in control of the inherited wealth?
Is a child on government entitlements?
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If your wealth (or you and your
spouse's combined wealth) now exceeds $2.OM (eff. 1/1/06) we
will talk about what can be done to reduce the federal estate tax.
We will talk about what can be done to give more to your children
and grandchildren and less to the IRS.
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Most likely you have an IRA or other
retirement benefits. We will review how these benefits "tie
in" to your inheritance plan.