Wednesday, January 24, 2024

 

Report: The Current and Future State of Estate Planning

Estate planning advisor working with Boomer couple.Over the next two decades, experts foresee Baby Boomer households transferring more than $84 trillion in generational wealth. Amid challenging economic times, it is more important than ever to protect your assets for yourself and your loved ones. Without a well-crafted estate plan in place, you may be putting your legacy at unnecessary risk.

In a survey published this past fall, more than 1,000 participants aged 18 to 99 shared insights on their estate plans – or lack thereof. In fact, more than half said they have not consulted an estate planner regarding a trust or will.

Many respondents reported that they did not feel adequately informed about how to get the most out of their estate plan. The results also showed that it may be time to revamp people’s understanding of what estate planning is and how it works.

Misconceptions About Estate Plans

Ideas about legacy planning, the survey findings suggest, are ripe for change.

For one, households with higher net worth were more likely to have an estate plan in place. Among households worth more than $1 million, 77 percent report having an estate plan, will, or trust in place. In contrast, just 36 percent of households with a net worth under $1 million have a legacy plan. Yet, as the report emphasizes, “everyone, regardless of wealth, needs to have a well-structured estate plan.”

In addition, the results highlight the common fallacy that creating an estate plan is a one-and-done undertaking.

In reality, any number of life changes should prompt you to create or revisit your estate plan. Significant life events can include remarrying, relocating to another state, welcoming a child or grandchild into the family, or losing a spouse. At the same time, note that estate planning documents can become out of date over time as laws change. So, it’s still good practice to revisit your plan with an attorney every few years.

The survey also asked respondents to list life events that would prompt them to seek out the help of an estate planner. Participants cited a change in personal health as the top reason they would work with an advisor to start or revamp their estate plan. However, it can prove harmful to wait until you are sick to create your estate plan. To protect yourself as well as your loved ones, It’s best to prepare your legacy plan ahead of any potential crises.

Highlights From the Survey

Participants answered various questions regarding estate planning issues. Survey questions and respondents’ answers included the following:

Do your parents have an estate planner?

Three-quarters of survey participants whose parents had an estate planner said they had executed an estate plan, will, or trust for their own household.

As one may expect, people belonging to the Baby Boomer or older generations were the most likely to have completed an estate plan. However, having parents who had used an estate planner was even more likely than one’s age to correlate with putting a legacy plan in place.

Household wealth also seems to make a difference in this regard. For example, all survey participants worth more than $25 million said their parents had an estate planner. Among respondents in the Millennial generation, 87 percent of those with this level of ultra-high-net-worth estate said their parents had a financial advisor or estate planner. In contrast, 32 percent of Millennials with less than $1 million said their parents had one.

One of the implications here, the report suggests, is that estate planners should ensure they are making meaningful connections not just with their older clients, but also their heirs, particularly as the so-called “great wealth transfer” to the next generation gets underway.

What external factors are most likely to increase the likelihood of you creating or redoing your estate plan?

Most respondents cited changes in tax policies (30 percent) or inflation rates (29 percent). Those who are part of the Baby Boomer or older generations were the most likely to say tax policy would prompt them to rework their estate plan.

Others said they believe that changes in federal interest rates, stock market fluctuations, and student loan forgiveness would serve as the top external factors driving them to create or revisit their estate plans.

What do you think is the most damaging result of a poorly planned estate strategy?

Respondents were aware that bad estate management could be detrimental to their families and their legacies. Nearly a third of respondents stated that leaving their loved ones without sufficient assets would be the most damaging result of a poorly executed estate plan. Another 27 percent believed a bad estate plan would cause the most damage by sparking conflict among their heirs.

Do you have a plan for protecting your digital assets?

A major topic in the evolution of estate planning is ensuring that you protect your digital assets. This can include anything from your digital photo albums and social media accounts to your online account passwords.

When asked whether they had a plan for their digital assets, participants revealed the following points:

  • More than half – 58 percent – had no plan for their digital assets.
  • Baby Boomers were the least likely to have a plan for their digital assets.

As the report indicates, traditional estate plans likely do not include a provision for such digital assets as airline miles, credit card reward points, cryptocurrency, and log-in credentials. Be sure to ask a qualified estate planning attorney about how best to protect these types of assets.

The Current Estate Planning System Is Not Serving the Less Wealthy

Perhaps one of the more striking findings of the survey is that the current estate planning system is not serving people with less money.

The survey found that, among participants, families with estates valued at less than $1 million tend to have less information about the estate planning process and a lower tendency to create an estate plan and keep it updated. In fact, of households with a total net worth under $1 million, 64 percent report not having an estate plan in place.

For the sake of your loved ones, take the time to prepare your legacy plan with a professional. A well-executed plan can help minimize family conflict as well as offer you peace of mind. It can also ensure that the individuals you love most receive your assets according to your wishes. Simply put, it may prove to be one of the most valuable gifts you leave behind for your heirs.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   
Elise Lampert, Esq.
Law Office of Elise Lampert
9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212
Phone: (818) 905-0601 / Email: elise@elampertlaw.com

Monday, January 8, 2024

 

Baby Boomers: Inheritance Conversations With Your Children

Boomer male speaks about his estate plan with his adult daughter who holds paperwork.Not talking to your adult children about their inheritance comes at a cost. Do what you can to manage expectations for adult children as they forge their financial plans. Knowing their general inheritance situation can change their decision-making process and lead to better outcomes. These are practical matters of allocating resources for things like housing, retirement, 529 plans, and more.

When children don’t understand your inheritance intentions, it can result in arguments and legal battles among siblings and other heirs after you’re gone. The solution is a mature discussion with your inheritors, sharing details of your estate plan relevant to your child. You can withhold actual numbers by a range, such as enough for a home down payment. That way, you may provide a sense of magnitude without committing to exact amounts.

The Great Wealth Transfer

According to the Federal Reserve, the baby boomers are the wealthiest generation in US history. Baby boomers hold 70 percent of disposable income in the US and spend over $548 billion annually.

Forbes cites research stating that as much as $84 trillion may change hands by 2045. Much of the wealth is from high net-worth baby boomers. Millennials will control five times as much wealth in 2030 as they do today. Are they prepared for responsible stewardship?

Many who currently have substantial wealth have concerns that if their children know the extent of their wealth, it will reduce their motivation for productivity and growing into responsible citizens. Most parents prefer their children learn to grow their success independent of their parent’s wealth.

However, wealth is relative, and many parents also fear losing their ability to cover retirement, medical expenses, and long-term care. They want to maintain their quality of life while protecting their legacy. Because of this uncertainty, generally managing the expectations of their children’s future inheritance is better than providing exact amounts. After all, things always have the potential to change.

Failure to Prepare

Failing to prepare children for what they may inherit can hinder their ability to handle money wisely. Many suddenly feel separated from their friends, isolated, or even confused about relationships.

Others may be wasteful and spend their newfound money recklessly. Those who inherit even a modest amount can be just as imprudent without guidance. It’s all too common for some inheritors to splurge on expensive items, lavish vacations, and fast living.

The Conversation

Experts agree it’s important to talk to children about money and wealth during their adult years. It can help them learn how to manage money and live beneath their means as a lifestyle habit.

You might start conversations by discussing values, the opportunities money can provide, and their hopes of what they want to accomplish. For younger children, you may consider providing a modest sum of money and teaching them how to save, invest, and spend wisely. You may wish to demonstrate the importance of supporting charities, too.

Of course, one of the most effective strategies to teach children about values, spending, and investing money is by example. Parents must use their money in a way that reinforces their values.

One way to foster a positive relationship within the family is to purchase a vacation home. There, you can have everyone gather for summers, holidays, or annual family gatherings. Other techniques involve permitting children to choose charities to support and provide donations. If your children see you living your values, they will likely adopt similar values.

Estate Planning

Talking to your children about inheritance is an integral part of estate planning. Being transparent, fair, and open to their emotions can help ensure a smooth transition of your assets to the next generation. Keep a few things in mind during discussions:

Timing is Important

Have these conversations when children are mature enough to understand the implications of inheritance. Don’t create unnecessary anxiety or confusion by starting the conversation too early.

Be Transparent

Be clear about your estate intentions and plans without getting too detailed about the numbers. Being open about your goals and hopes for them can help avoid future conflicts. Not providing exact numbers keeps your estate planning flexible.

Consider Fairness

Consider what is fair and equitable when dividing your assets among children. Each child does not necessarily need to have an equal amount. Consider factors such as their financial situations, relationships with you, and levels of need.

Address Emotions

Inheritance can be an emotional topic for everyone. Acknowledge and address any feelings of anxiety, guilt, or resentment that may arise during the conversations.

How an Estate Planning Attorney Can Help

There are several ways an estate planning attorney can help when organizing your children’s inheritance, including:

  1. Legal and Tax Implications
    Estate planning attorneys understand the current legal and tax implications of inheritance. Your lawyer can help you navigate complex laws and regulations, ensuring your assets’ distributions are most efficient and tax effective.
     
  2. Drafting Legal Documents
    Estate planning attorneys can draft wills, trusts, powers of attorney, and more to help you plan for your children’s inheritance. Tailoring these documents to your specific needs ensures your assets are distributed according to your wishes.
     
  3. Reviewing and Updating Documents
    Estate planning attorneys can review your existing planning documents to ensure they are up-to-date and reflect your current wishes. They may also recommend changes based on shifts in your family or financial circumstances. Informing your adult children of substantial changes is crucial in your inheritance conversations.
     
  4. Guiding Asset Protection
    Estate planning attorneys can guide strategies to protect your assets from potential creditors or legal claims. They can also help plan for long-term care and other future expenses to keep the bulk of your estate intact for your children.
     
  5. Fostering Communication
    Estate planning attorneys can facilitate communication between you and your children about your estate planning decisions. These discussions can help prevent future arguments.

While an estate planning attorney can help ensure your children’s inheritance is organized and distributed effectively, parents also play a key role. Parents must educate their children regarding the value of money, what it can and can’t do for them, and have open conversations about their future inheritance. Including your estate planning attorney in some of the more crucial conversations with your children about their inheritance can be invaluable.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   
Elise Lampert, Esq.
Law Office of Elise Lampert
9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212
Phone: (818) 905-0601 / Email: elise@elampertlaw.com