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4 Strategies for Wealth Preservation During Economic Downturns

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If you’re a business owner, you may also benefit from reviewing the documents every business owner needs so that your estate plan aligns with your business continuity planning. We can help you review your current documents, clarify who you want to inherit what when, evaluate whether adding or updating a trust makes sense and coordinate your estate plan with your overall financial and tax strategy. If your estate is relatively simple and you’re comfortable with beneficiaries inheriting outright, a well‑drafted will, powers of attorney and up‑to‑date beneficiary designations may be enough to start. If an asset is accidentally left outside the bucket at death, the pour-over will directs that inheritance planning support asset into the revocable living trust. How do a revocable living trust and a pour-over will work together? A last will and testament, or will, is a relatively simple and cost-effective estate planning documen

„A financial professional understands all the ramifications involved in long-term wealth preservation and legacy building.” It’s critical for affluent individuals and families to work with a financial professional who can help protect their wealth both now and in the future. This makes estate planning essential for everyone, regardless of the size of the estate. Without a clearly defined estate plan, assets could end up in probate, and the courts might decide how they’re distributed. But if your family has more complex needs, or you have a business or investment property, it’s important to work with an estate planning attorne

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„Depending on the complexity of the trust and on family dynamics, you may want to consider appointing an independent professional to serve as trustee or co-trustee,” Galvagna suggests. Likewise, trust language stating dollar amounts for distributions to be made years from now may not account for inflation. If you’ve dictated distributions at specific intervals — no matter what — those assets could wind up in the hands of creditors or an ex-spouse. Say, for example, a beneficiary is going through financial difficulties or a divorce. „You can’t know for sure what circumstances your children or grandchildren may face 10, 20 or 30 years from now,” Webber says. Keep in mind that, while drafting trust language correctly is crucial, even irrevocable trusts can be modified to some extent to clarify a grantor’s intentions or to respond to changing circumstance

The probate process also provides clear rules for how to handle creditors when the claims are greater than the value of the estate. One benefit to the probate process is that after the six months claims period has expired, presuming that the representative followed the appropriate notice rules, no further claims may ever be filed against your estate. Note that a testamentary trust set forth in your last will and testament would not serve this purpos

If anyone else serves as trustee, at the very least they must provide you with an annual accounting of the income and expenses of the trust, if not also file an independent tax return for the trust. You might add language to your trust stipulating that if you’re no longer able to write checks from your own accounts, the trustee can make regular distributions for the same purpose. „But if that’s going to include taking funds from the trust, the trustee will need specific instructions.” Other considerations include ongoing support for children or others you may already be helping financially. „If you’d like the best treatment possible during your lifetime and you’re not concerned about leaving a legacy, you’d want the trust drafted to prioritize your needs.” Grantors may assume their attorney-in-fact will step in and take care of them if they’re incapacitated, but if that’s going to include taking funds from the trust, the trustee will need specific instructions.” „If you design your trust to be multigenerational, at some point a corporate fiduciary will likely come into play because it’s impossible to anticipate the future needs of your family,” Webber says.
But even where the beneficiaries are adults, it almost always would be better if the trust did not provide for outright distributions. For example, many Living Trusts provide that upon the client’s death, the trust assets are distributed to the client’s children in equal shares. Frequently, it is advisable to include language that says that the Trustmaker reserves the right to leave written instructions as to specific items that go to specific people. Without such explicit directions, the beneficiaries who will get your assets upon your death might pressure the successor Trustee to place you in a nursing home if doing so will preserve the trust asset

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