Posts Tagged ‘trusts’

Simple and effective estate planning strategies

Friday, March 12th, 2010

By Jim Grant – Parksville Qualicum Beach News

Why do people do estate planning? There are lots of reasons: maximize the value; minimize the taxes; include or exclude a specific person; support a charity, etc.

There are many complex and expensive ways to achieve these and other objectives. But for most people, objectives are simple, and so should be the solutions.

My estate planning goals, for example, can be easily summarized: to be fair — so that hopefully when all is said and done, my children will still speak to each other; and to do what I can to ensure that whatever is left is put to good use, and has some lasting benefit.

When working on an estate plan recently, I came across a little-known strategy that can be executed through an insurance company.

It starts with investments available from insurance companies. This could include vehicles such as annuities, insurance policies, segregated funds, and GICs. In many ways these investment products are similar to their non-insurance counterparts: GIC rates, for example, are competitive with bank GICs, and are covered by insurance up to $100,000. Segregated funds as well, like mutual funds, come in a variety of shapes and forms. But there are some key advantages to both of these.

To begin with, there is the ability to name beneficiaries. Rather than the proceeds of these investments going through the estate, you can elect to have the funds pass directly to those who you name as your beneficiaries — without delay. Right out of the gate there is a savings that could easily exceed two per cent, when you consider the probate fees as well as the legal fees typically associated with settling an estate.

But there is more. Some insurance companies will also allow you to stipulate in their contract how the beneficiaries will receive the funds.

For example, an annuity might be an option. So rather than receiving a lump sum (that some parents fear might be squandered), the beneficiary would instead receive a monthly income for a specified period of time, or for life. The amount of income can be fixed, or can be indexed. Or, in the case of at least one company, the level of income can be tied to the performance of the stock and/or bond market.

As far as I know, the only other way to ensure such an outcome would be through a trust — a document that is complex and expensive to set up and maintain. Instead, by completing a simple form through an insurance company, your wishes could be met, and it wouldn’t cost you anything.

For more information please feel free to call or e-mail.

Jim Grant, CFP (Certified Financial Planner) is a Financial Advisor with Raymond James Ltd (RJL). This article is for information only. Securities are offered through Raymond James Ltd., member CIPF.Insurance and estate planning offered through Raymond James Financial Planning Ltd., not member CIPF. For more information feel free to call Jim at 250-594-1100, or e-mail at jim.grant@raymondjames.ca. and/or visit www.jimgrant.ca.

Watch Those Beneficiary Designations

Friday, July 17th, 2009

We all want to live a long and productive life, with our retirement account landing at zero as we take our final breath. But of course it rarely works out that way. So when was the last time you reviewed and updated the beneficiary designations of your 401(k), 403(b), or IRA?

Did you know that how you designate a beneficiary–or your failure to do so–can dramatically affect the taxes owed and whether or not the account might keep growing after you’re gone?

Over the years, you’ve been able to defer income taxes through account contributions and (hopefully) through growth of the investments. But at age 70 ½ or your death if earlier, Uncle Sam wants his pound of flesh…at least annually.

If you’re married and have named your spouse as beneficiary, there’s considerable flexibility. Your spouse can remain as beneficiary and follow the distribution rules or can treat the retirement account as his or her own.

If you’ve named a beneficiary who is not your spouse, then that person(s) will have the opportunity to stretch the annual required minimum distributions (RMDs) over their own life expectancy. Depending on the beneficiary’s tax bracket and the size of the distributions, it may result in lower overall taxes spread over many years–plus the potential for continued tax-deferred account growth.

Note that the IRS differentiates between “beneficiary” and “designated beneficiary.” An entity such as a charity or your estate can never be a designated beneficiary. Charities and estates have no life expectancy over which to stretch the required distributions. While ABC Charity can be named a “beneficiary,” you must have a pulse to be considered a “designated beneficiary” and be eligible for the stretch option.

Unless there’s a compelling reason to control account distributions from beyond the grave (spendthrift children or second marriage situations, for example), you generally will want to avoid naming a trust as beneficiary of your retirement account. There is no particular tax benefit to be gained by it and it simply creates an additional layer in the distribution process. Be sure to consult a qualified attorney if you are considering this option.

Failure to designate a beneficiary doesn’t necessarily mean that your family won’t eventually benefit from your retirement account. But it does mean the account must be distributed over a much shorter period, likely resulting in a bigger tax bite and curtailing any potential ongoing growth.

So be sure to review and update your beneficiary designations periodically–especially if you’ve had a change in marital status or previously designated beneficiaries have gone before you.

© 2009 Larry McClanahan

Larry McClanahan, MBA, CASL®, CFP® is an independent, fee-based advisor in the Portland, Oregon area, providing retirement income planning and wealth management to retirees and those approaching retirement. He can be reached at http://www.larrymcclanahan.com Advisory services and securities through KMS Financial Services, member FINRA/SIPC.

It’s important to find a financial advisor who is knowledgable in the field of estate planning to assist you in such matters.
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