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Leave your Trust to your Grandchildren NOT the Government!

A Dynasty Trust in Roselle and Schaumburg Can Help Leave Your Assets to Your Grandchildren – Not the Government!

A lot of people complain about high taxes. Looking at what the government takes from your weekly paycheck can be frustrating. But, it could be worse. Even people who don’t complain about taxes (there are a few) and understand it takes money to run the government would complain if they understood that it is possible for the government to tax the same money over and over and over. And, it happens more than you think.

Here’s a scenario:

You and your spouse leave a very large amount of money to your daughter without a trust – or, in a poorly drafted trust (yikes!). The money is taxed when it is transferred to your daughter. Your daughter leaves money she inherited to your grandchildren without a trust. Guess what? You’ve got it – that money is taxed again!

It is upon learning this that a well-meaning grandparent suggests leaving the money to their grandchildren rather than the child to avoid one of those tax events. Not so fast! In that scenario the federal generation-skipping transfer tax could apply.

Here’s another scenario:

You and your spouse leave $10 million to your child. If her inheritance grew over time, it would be subject to the estate tax at her death. That could result in millions going to pay estate tax.

There is a solution that could be used to stop the government from double-dipping. It’s called a Dynasty Trust. Assets that you put in a dynasty trust, plus any interest earned over the years, are still subject to federal estate tax, but just once – when you transfer them into the trust. The assets will not be taxed again even though several generations can benefit from them.

It’s important to note here that income taxes are still due on any income that is generated by the assets in the trust. Therefore, most people choose to put assets that do not earn money in the trust, such as growth stocks that don’t pay dividends and life insurance policies.

Dynasty trusts are complex legal documents, so they should be prepared by experienced estate planning lawyers in Roselle and Schaumburg who have experience with trust and tax planning strategies. If you are interested in talking with an attorney with this experience, call our office at 630-908-2752 to set up a consultation.

Schaumburg Estate Lawyer: 4 Steps to Avoid Stress at the End of Life

In general, Americans are very uncomfortable talking about end-of-life issues. It can be hard for people to think about (and plan for) their own death, let alone the death of their loved ones. I get it.

Yet by not discussing these issues, you are leaving your future caregivers (most often your adult children) in an impossible position. Many people are taken completely off-guard when their elderly parents start to decline.

Because we don’t discuss these issues ahead of time, caregivers are often left unprepared for the life changes they are about to experience. Depending on the speed and amount of decline, a caregiver might have to dedicate a significant portion of their life to the growing needs of their parents.

Simple legal planning can help to avoid these issues. You can pave the way now, so that life is easier when incapacity, disability, or ultimately death occurs. Here are a few key ways to prepare:

  1. Have “the talk.” It doesn’t matter if you are the impending caregiver or the person who will need care, you should make time to sit down and talk. This should happen way before the elderly person starts experiencing memory loss, so the sooner the better! You’ll need to discuss the senior’s wants, needs, health issues, financial resources, and preferences for the amount of medical intervention you/they want at the end.
  2. Have legal documents prepared. Work with an estate planning attorney in Schaumburg to prepare important legal, financial, and healthcare documents – and keep them updated! Do this immediately if the senior is showing signs of increasing health issues. If you wait until the senior is showing signs of mental decline, they could be declared incompetent to make their own decisions and it will be too late for them to sign any new documents.
  3. Review financial information. Be sure you review the senior’s financial statements and understand their income and expenses. Knowing how to access this information will be critical to handling their affairs if they are unable.
  4. Research elder care options. Review the options and determine what living situations the elder person is comfortable with in advance. Determine their preferences for hospital, rehabilitation, nursing home, assisted living, and/or independent living communities as well as options for memory care, home care, and even hospice.

Having these discussions in advance are uncomfortable, but knowing this information will save more stress and heartache than you can imagine. For additional information on how to prepare for end-of-life transitions, contact our Schaumburg estate and elder law attorneys at 630-908-2752.