The Reciprocal Trust Doctrine Legacy Planning, Once Removed podcast

17:42

An estate plan often involves establishing an irrevocable trust for certain beneficiaries. But when circumstances change, clients wonder if the benefits no longer justify the costs of keeping the assets in a trust. Before moving to terminate a trust, however, parties should consider carefully whether the purposes of the trust would best be served through termination, if termination is permitted, what might be some available alternatives and how to move forward to make sure all parties are informed and protected. This episode explores potential options and pitfalls for terminating a trust, including adverse tax issues, and lays out some options as parties consider the future.…

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Talking With Family About Your Estate Plan — More Lessons From Warren Buffett 12:05

hace 11 weeks12:05

12:05

Many clients ask whether and when to share the estate plan with beneficiaries. Even after a client’s death, during the administration of an estate or trust, executors and trustees often ask the same questions about how much to share with beneficiaries. Communicating this estate plan can have important practical, moral and legal benefits in making sure the plan is carried out in the right way while fostering family unity and reducing tension or disagreement. In this episode, Steve draws on the lessons from Warren Buffett’s 2024 letter to the shareholders of Berkshire Hathaway in which Buffett provides wisdom on the question of sharing the estate plan with beneficiaries.…

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Facilitating Productive and Healthy Beneficiaries: The Beneficiary Well-Being Trust 13:42

hace 12 weeks13:42

13:42

On this podcast, Steve often explores ways to establish and administer trusts to facilitate productive and healthy beneficiaries. This episode explores a particular structure to further this goal: a “beneficiary well-being trust,” now authorized under Delaware law. A beneficiary well-being trust authorizes, and could require, the trustee to provide programs for the beneficiary regarding any number of subjects, including financial literacy, investments, mental health, and family history and legacy. The episode also delves into ways trusts can serve these important goals — now and after a settlor’s gift or the settlor’s passing.…

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Inflation Adjustments for 2025 8:37

hace 14 weeks8:37

8:37

There are many ways for a client to incorporate charitable giving into planning, during life and upon death. That charitable giving can be a significant part of the client’s legacy, and it can result in tax advantages. Many of the exemptions that apply for gift, estate and generation-skipping transfer tax are adjusted for inflation each year. In this episode, Murphy will review those exemptions and the adjustments for inflation in 2025 and discuss some strategies for efficient use of those exemptions in 2025.…

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Charitable Planning, Part 2: The Donor-Advised Fund 16:06

hace 18 weeks16:06

16:06

There are many ways for a client to incorporate charitable giving into planning, during life and upon death. That charitable giving can be a significant part of the client’s legacy, and it can result in tax advantages. In a prior episode, Murphy discussed outright gifts and gift agreements. But some clients are not ready to decide which charities to benefit, nor when and how. For those clients, a donor-advised fund (DAF) might be a good option. In a DAF, the client transfers funds to a fund within a public charity, which might be part of a community foundation or financial institution. A DAF can offer flexibility and simplicity for the donor. But there are some limitations to a DAF that donors should keep in mind as they consider which charitable vehicle to use. On this episode, McGuireWoods attorney Hunter Glenn discusses the advantages and limitations of this popular strategy.…

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Generation-Skipping Planning: Steps to Take Now 12:09

hace 20 weeks12:09

12:09

Many clients ask about generation-skipping planning, or dynastic planning – ways to benefit future generations in a tax-efficient way. This episode reminds listeners of the scheduled “sunset” of the GST tax exemption at the end of 2025 and steps to consider in light of those changes in the law. Donors, beneficiaries and trustees should take this opportunity to make sure all their records are complete regarding the GST tax status of any trusts. Steve recently wrote about these concepts in the ACTEC Law Journal and in a shorter essay in the journal Trusts & Estates. This information will be critical when needed, which might be years from now. Although this information might be hard to track down, it will only get more difficult to collect later.…

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Countdown to Sunset 2025: Planning in the Face of Scheduled Changes in the Law 17:51

hace 23 weeks17:51

17:51

A significant change in tax law is scheduled to occur at the end of 2025: effective January 1, 2026, the estate, gift and generation-skipping transfer tax exemptions, currently $10 million per person (to be indexed for inflation), are scheduled to be cut in half, to $5 million (to be indexed for inflation). Starting in 2026, the ability for individuals to make tax-free gifts is scheduled to effectively be cut in half. Many clients are concerned about this scheduled change in the law, and they are considering whether and how to take advantage of current law while they can. This episode provides a brief summary of the scheduled change in the law, some potential solutions, and some disadvantages or pitfalls to keep in mind. As Steve summarizes, it is best to start that conversation now, well in advance of the 2025 deadline.…

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Charitable Planning, Part 1: Outright Gifts and Gift Agreements 11:18

hace 25 weeks11:18

11:18

Clients often ask about ways to incorporate charitable giving into their planning, during life and upon death. Charitable giving can be an important part of the client’s legacy and can have tax advantages as well. There are a number of strategies, but the simplest option is as an outright gift. But outright gifts might be simple to a fault — once the funds are in the charity’s hands, the donor might not have any ability to question the use of the funds, including if the charity dissolves. This episode explores the recent case of Derblom v. Archdiocese of Hartford that addressed a gift to a school that later closed. If the donor is concerned about use and oversight of the gift after it is made, a gift agreement can be a helpful tool. This episode provides some thoughts on how to use a gift agreement to carry out the donor’s wishes.…

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Passing on Values and Life Skills: Lessons From Golf 19:26

hace 29 weeks19:26

19:26

On this podcast, Steve talks about the best methods and structures to transfer wealth to ensure that the funds are used for their intended purposes. He also talks about ways to pass along values to beneficiaries or the next generation — values like hard work, humility, responsibility and respect. In this episode, Steve explores how golf (or activities like golf) can be a great environment for passing along those values.…

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Asset Protection: Protecting Assets from Creditors (and Predators) 11:52

hace 31 weeks11:52

11:52

In this litigious and uncertain world, clients are increasingly concerned about asset protection — how to make sure assets are used for their intended purposes and for the benefit of the intended beneficiaries and not diverted to a creditor or other third party. Clients are not only concerned about formal creditors, they are also concerned about individuals who learn about the assets and seek to take advantage of the beneficiary. Trusts and gifts, if properly structured, can provide significant protections from these creditors and predators, while still providing for flexibility to the beneficiary.…

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Substance Abuse and the Challenge of Trusts 14:50

hace 34 weeks14:50

14:50

On this episode we talk about the potential advantages of transferring wealth, but also the potential pitfalls — and the terrible irony that transferring wealth in the wrong way, at the wrong times or for the wrong reasons can sometimes have negative consequences. In this episode, we explore the sad situation of a beneficiary who suffers from substance abuse. In this case, the donor may fear that a gift or trust might enable destructive behavior. But if structured in the right way in terms of access, control and flexibility, the trust could even facilitate treatment and recovery.…

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What Is a Dynasty Trust, Perpetuities Trust or Generation-Skipping Trust? 13:24

hace 36 weeks13:24

13:24

Many clients ask about a particular kind of trust called a “dynasty trust,” “perpetuities trust” or “generation-skipping trust.” There is no set way to draft these types of trusts — rather, these terms only emphasize the intent of the trust to benefit future generations. This episode discusses those trusts — or rather, their common features or elements, and how to incorporate these aspects into the terms of a trust related to access, control and flexibility. The episode also addresses options for funding and administering the trust for tax and nontax purposes.…

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Expressing Goals and Intent for the Trust: The Trust Letter of Wishes 14:25

hace 38 weeks14:25

14:25

On this podcast, Steve has emphasized that the estate plan is designed to carry out the intent of the testator or settlor. With that in mind, it is especially important for the client to communicate those wishes, so that the trustee, beneficiaries and other interested parties understand the settlor’s intent in situations that might arise, such as a beneficiary’s request for funds to purchase a home or for the beneficiary’s support or education. Sometimes the trust document is not the ideal place for the settlor to include more specific instructions — the language in the trust agreement often is complicated by legalese, or by tax and other practical considerations. Some clients prefer to communicate those wishes informally or rely on the trustee to make the right decision. But many clients would benefit from leaving a separate letter, sometimes called a “Trust Letter of Wishes,” that expresses the settlor’s intent in the settlor’s own words. This episode explores the Trust Letter of Wishes, walks through some important limitations and guiding principles for the letter, and offers suggestions on how to use such a letter to communicate the settlor’s intent.…

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Naming Guardians for Minor Children 10:10

hace 40 weeks10:10

10:10

For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is so personal and important, many clients find it daunting — and as a result, they might delay making the decision, or even delay putting in place their estate plan altogether. This episode explores some common questions about the naming of a guardian and provides helpful tips for clients who are considering who to name and how to approach this important decision.…

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Building Flexibility into the Estate Plan: the Power of Appointment 14:08

hace 42 weeks14:08

14:08

On this podcast, we talk about the importance of flexibility in irrevocable trusts and estate planning. Once a trust is irrevocable, we can explore methods to modify that trust to address changed circumstances. But in the planning process, we can look ahead and build flexibility into the documents so that even after the testator’s passing, the plan can be updated in the future. One common method to build in flexibility is to give a person a power, called a “power of appointment,” that enables the person to change the terms of the trust and even the beneficiaries. This power can provide helpful flexibility. But as we explore in this episode, that power might give too much flexibility to that person, and the power should be carefully structured to ensure the client’s wishes are carried out.…

Legacy Planning, Once Removed

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Passing Down the “Family Cottage” or Other Legacy Property 18:49

hace 44 weeks18:49

18:49

As we have discussed on this podcast, legacy planning is not just about transferring money. It’s also about transferring values and relationships. And often the transfer of specific property goes hand-in-hand with the fostering of those values and relationships. To this end, many clients hope to pass along a family vacation home, farm or other gathering place to future generations. Practitioners and advisers often refer to this as the “family cottage.” The idea is certainly attractive. And if transferred in the right ways, such a “family cottage” can be a gathering place for generations to come, and a place where those values are communicated, and those relationships are fostered. Unfortunately, if not transferred correctly, the “family cottage” can become a source of tension and resentment for the family and can undermine those same values and relationships that the client hoped to encourage. This episode explores factors to consider in structuring such transfers.…

Legacy Planning, Once Removed

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Helping a Beneficiary Purchase a Home 10:08

hace 46 weeks10:08

10:08

Many clients like the idea of helping a child, grandchild or other beneficiary with the purchase of a home to give the person a “head start” and a sense of independence. But this kind of transfer can have unanticipated, adverse consequences. This episode explores options and best practices for structuring transfers from a tax and non-tax perspective, and discusses how a trust may provide for such a purchase even after the client’s passing.…

Legacy Planning, Once Removed

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The Step-Transaction Doctrine and the Case of Smaldino 13:07

hace 48 weeks13:07

13:07

Because each donor is treated as a separate party for tax and other purposes, donors often involve others in making gifts. For example, a donor might transfer assets to his or her spouse, so the spouse actually makes the gift for tax purposes. These transfers might be especially important, given the possible “sunset” of current gift, estate and GST tax exemptions at the end of 2025. However, the manner and timing of those transfers should be carefully structured so the transaction is respected. In some cases, the various steps of a transaction can be collapsed, so they are treated as a single transaction — with disastrous results. This episode reviews pitfalls for clients who seek to engage in this kind of planning, and considers the cautionary tale of Smaldino, a recent Tax Court case.…

Legacy Planning, Once Removed

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The Reciprocal Trust Doctrine 10:12

hace 50 weeks10:12

10:12

This podcast often discusses the elements of a trust, and how to grant access, control and flexibility to beneficiaries and trustees. But for tax and other purposes, the donor typically cannot retain those kinds of powers. Interestingly, the donor often can set up a trust for the benefit of a spouse, and grant the spouse that kind of access, control and flexibility — Episode 11 discussed that concept, the spousal lifetime access trust or SLAT. A popular scenario involves each spouse setting up a SLAT to benefit the other spouse or others. However, such transfers should be carefully structured to avoid the “reciprocal trust doctrine” and to ensure the transactions are respected. This episode discusses key principles of the reciprocal trust doctrine, lays out problems that can arise when setting up multiple trusts, and offers tips on the best way to create such trusts.…

Legacy Planning, Once Removed

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Gift and Estate Tax, Inflation Adjustments for 2024 7:06

hace 1 year7:06

7:06

In previous episodes, we discussed the exemptions that apply for gift, estate and generation-skipping transfer tax. Many of these exemptions are adjusted for inflation each year. In Episode 16, we’ll review those exemptions and the adjustment for inflation in 2024, and we will look ahead to some potential changes in the law at the end of 2025. Summary and transcript: https://media.mcguirewoods.com/events/2024/Legacy-Planning-Once-Removed-Ep16.pdf…

Legacy Planning, Once Removed

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Annual Gifting to Individuals: Options, Opportunities and Pitfalls 11:06

hace 1 year11:06

11:06

The beginning of the year is a good time to think about annual gifts to descendants and other beneficiaries. Episode 17 will walk through some options to make efficient use of annual gifting and also address some potential pitfalls. Summary and transcript: https://media.mcguirewoods.com/events/2024/Legacy-Planning-Once-Removed-Ep17.pdf…

Legacy Planning, Once Removed

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The Rich Relative Playbook 8:00

hace 1 year8:00

8:00

For this podcast and in general, we think a lot about wealth and the transfer of wealth. Of course, we should define “wealth” broadly, to include not just money and property, but also relationships, values, history and wisdom. On this podcast in particular, we talk about ways to transfer wealth to encourage and foster the right kinds of values and behavior, rather than enabling the worst kinds. This is a difficult and complex process. In this episode, Steve explores one type of person, whom he calls the “rich relative,” who seems to do a great job of sharing wealth — including money and wisdom — in a positive way. He discusses the concept of the “rich relative” and this person’s approach to sharing of wealth, and what the rich relative’s playbook might teach us about the opportunities and pitfalls of transferring wealth.…

Legacy Planning, Once Removed

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Leaving It All to Charity: Lessons From Ashton Kutcher and Mila Kunis 10:18

hace 2 years10:18

10:18

Celebrities Ashton Kutcher and Mila Kunis recently made the news with their comments about their estate planning. They plan to give all of their money to charity upon their deaths, as part of their plan to raise well-adjusted kids. In this episode, Steve unpacks the comments they have made about their estate plan. He identifies some opportunities and pitfalls, and he distills some lessons others can consider in structuring their own estate planning to achieve their goals.…

Legacy Planning, Once Removed

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It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin 9:15

hace 2 years9:15

9:15

If you had to say where your will is located right now, could you? Despite the importance of that document, many clients are not sure where the original is located. In this episode, Steve discusses the case of Aretha Franklin’s will, and how the location of her will led to uncertainty and litigation regarding her true intent. In that case, two potential wills of Franklin’s were found in two separate locations, and the jury had to determine which one was her true last will and testament. This case is a cautionary tale in many ways, but it especially highlights the need to store original documents in the proper place. Tune in for tips on where to store your will, who else should know its location, and how you can keep track of that information throughout your life.…

Legacy Planning, Once Removed

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SLATs and the Case of McKim vs. McKim 5:50

hace 2 years5:50

5:50

Steve Murphy, chair of the private wealth services group, dives deeper into the subject of SLATs in this episode. SLATs can work well with estate tax benefits and creditor protection benefits, all while giving the spouse access, flexibility, and control. But in the event of death or divorce, suddenly some of those advantages evaporate. To explain this, Steve explores the case of McKim vs. McKim, which presents a challenging situation where the husband set up a SLAT with his wife as beneficiary and trustee however, they divorced.…

Legacy Planning, Once Removed

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Spousal Lifetime Access Trusts, or SLATs 8:46

hace 2 years8:46

8:46

Steve Murphy, chair of the private wealth services practice group at McGuireWoods, discusses the Spousal Lifetime Access Trust, also known as the SLAT. Steve explains the rights that your spouse can have in this trust through the categories of access, flexibility, and control. And it is ultimately up to you, the client, to determine what level of access, flexibility, and control you would like to give your spouse as you draft a SLAT.…

Legacy Planning, Once Removed

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Trustee Removal and Case Update on Leo Kahn Revocable Trust 5:26

hace 2 years5:26

5:26

In this episode, Steve discusses the importance of the rule-based power to remove and replace a trustee. He explores this topic through the Leo Kahn Revocable Trust case in Massachusetts. In this case, the settlor named three trustees, and one trustee eventually wanted to remove the other two. The trust, however, included provisions that prevented this action, which landed the matter in court to resolve potential ambiguity in the document. Throughout his discussion, Steve stresses the importance of the power to remove and replace trustees – and the importance of making this power as clear as possible. Read Summary & Transcript…

Legacy Planning, Once Removed

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Selecting the Right Trustee 7:45

hace 2 years7:45

7:45

In this episode, Steve provides insights on selecting a trustee of an ongoing trust, who may be the beneficiary or a third-party trustee. Steve will explain the advantages and disadvantages of each option, in addition to the three categories of functions your chosen trustee will manage. Read Summary & Transcript…

Legacy Planning, Once Removed

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Trusts and Trustee Discretion 10:14

hace 2 years10:14

10:14

In this episode, Steve discusses the terms of a trust, how to ensure that the best trust structure is in place, and how to establish the right directions for a trustee to follow. He unpacks the differences between a rules-based approach with automatic steps for distribution of the trust versus a standards-based approach, where you give your discretion to your trustee, but the decision making is really vested to them with your guidance. Read Summary & Transcript…

Legacy Planning, Once Removed

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Trust Income Tax 8:15

hace 2 years8:15