Chapter 23
Estate planning
An estate plan governs the distribution of your wealth and the custody of minor children. Without it, state courts dictate the division of your assets and the guardianship of your dependents. Ultra-high-net-worth families rarely leave their estates to chance; they deploy irrevocable structures like SLATs, GRATs, IDGTs, and dynasty trusts to reduce their taxable estate while maintaining structural control. Mass-affluent and middle-class households, in contrast, frequently neglect estate planning out of psychological discomfort with mortality. That is a costly mistake: regardless of the size of your estate, planning is a capital-preservation necessity, and a well-crafted will is its foundational document.
Key Concepts
The Documents You Actually Need
Matching Structures to Net Worth
Choosing by Life Circumstance
Designing Against the Heir Lawsuit
Wills
Preparing a Will
Considerations for Parents with Minor Children
On Naming Minor Children as Direct Beneficiaries
Managing Assets and Legal Rights for Unmarried Partners
What to Do if You Are Married
Family Communication
When to Revise Your Will
Incapacity Planning
What is Probate And How to Avoid it
Uniform Probate Code (UPC)
Estate Administration: How to Pass Assets on to Heirs
Payable Upon Death accounts (POD)
Revocable Living Trust
Trusts
Specific Regulations Covering Trusts
Primary Uses of Trusts
Creating a Trust: Step-by-Step
What Trusts Actually Cost
Choosing Your Fiduciaries
Choosing a Corporate Trustee: Pros and Cons
Classification of Trusts
Keeping Your House Out of Probate
Irrevocable Trust
Testamentary Trust
Irrevocable Life Insurance Trusts (ILITs)
Intentionally Defective Grantor Trusts (IDGTs)
Charitable Remainder Trusts
Testamentary Charitable Remainder Unitrust (T-CRUT)
Charitable Lead Trusts (CLTs)
Incentive Trusts
Special Needs Trusts
Medicaid Asset Protection Trusts
Grantor Retained Annuity Trusts (GRATs)
Qualified Personal Residence Trust (QPRT)
The Legacy Vacation Home, and What Happens After the Transfer
Marital Trusts: The QTIP and the A/B/C Structure
Bypass Trusts
Generation-Skipping Trusts (GSTs)
Dynasty Trusts
Spousal Lifetime Access Trusts (SLATs)
Blind Trusts
Domestic Asset Protection Trusts (DAPTs)
Directed Trusts
Top U.S. States for Trusts: Tax Benefits and Flexibility
Trust Accounting and Fiduciary Taxation
Trusts That Hold S Corporation Stock: ESBTs and QSSTs
Offshore Trusts
LLCs for Estate Planning
Structure and Mechanics of the Family LLC
Valuation Discounts and IRS Scrutiny
Corporate Transparency Act, Costs, and Fiduciary Pitfalls
Taxation of Estate
State Inheritance Tax: The One That Ignores Your Net Worth
Post-Mortem Planning: The Levers You Pull After Death
Capital Gains Resets With Inheritance
Optimizing for Basis in the High-Exemption Era
The Widow’s Penalty
Paying the Tax on an Illiquid Estate
Life Insurance Workaround
Gift Taxes
Digital Estate and Incapacity Planning
Two Kinds of Digital Asset
Why the Will Fails Here
RUFADAA: The Access Framework
The Incapacity Gap
Custody Architecture for Crypto
Elder Financial Abuse
Who the Abuser Is
Architecting the Defense
The Legal Backstop
What to Do in the Event of Death
Immediate Actions (First 72 Hours)
Managing Financial and Legal Affairs
The Fiduciary’s Administration Duties
Securing Accounts and Preventing Fraud
Tax Filing Requirements
Tax Planning for Inherited IRA
First, Move It Without Detonating It
The Ten-Year Rule and Eligible Designated Beneficiaries
Annual RMD Requirements: The July 2024 Regulations
The Deduction Almost Nobody Claims: §691(c)
Distribution Optimization Strategies
Naming a Trust as Your Retirement-Account Beneficiary
How Do Family Fortunes Disappear?
The Family Operating Agreement: Explaining How the Family Works
The Documents You Actually Need
Matching Structures to Net Worth
Choosing by Life Circumstance
Designing Against the Heir Lawsuit
Wills
Preparing a Will
Considerations for Parents with Minor Children
On Naming Minor Children as Direct Beneficiaries
Managing Assets and Legal Rights for Unmarried Partners
What to Do if You Are Married
Family Communication
When to Revise Your Will
Incapacity Planning
What is Probate And How to Avoid it
Uniform Probate Code (UPC)
Estate Administration: How to Pass Assets on to Heirs
Payable Upon Death accounts (POD)
Revocable Living Trust
Trusts
Specific Regulations Covering Trusts
Primary Uses of Trusts
Creating a Trust: Step-by-Step
What Trusts Actually Cost
Choosing Your Fiduciaries
Choosing a Corporate Trustee: Pros and Cons
Classification of Trusts
Keeping Your House Out of Probate
Irrevocable Trust
Testamentary Trust
Irrevocable Life Insurance Trusts (ILITs)
Intentionally Defective Grantor Trusts (IDGTs)
Charitable Remainder Trusts
Testamentary Charitable Remainder Unitrust (T-CRUT)
Charitable Lead Trusts (CLTs)
Incentive Trusts
Special Needs Trusts
Medicaid Asset Protection Trusts
Grantor Retained Annuity Trusts (GRATs)
Qualified Personal Residence Trust (QPRT)
The Legacy Vacation Home, and What Happens After the Transfer
Marital Trusts: The QTIP and the A/B/C Structure
Bypass Trusts
Generation-Skipping Trusts (GSTs)
Dynasty Trusts
Spousal Lifetime Access Trusts (SLATs)
Blind Trusts
Domestic Asset Protection Trusts (DAPTs)
Directed Trusts
Top U.S. States for Trusts: Tax Benefits and Flexibility
Trust Accounting and Fiduciary Taxation
Trusts That Hold S Corporation Stock: ESBTs and QSSTs
Offshore Trusts
LLCs for Estate Planning
Structure and Mechanics of the Family LLC
Valuation Discounts and IRS Scrutiny
Corporate Transparency Act, Costs, and Fiduciary Pitfalls
Taxation of Estate
State Inheritance Tax: The One That Ignores Your Net Worth
Post-Mortem Planning: The Levers You Pull After Death
Capital Gains Resets With Inheritance
Optimizing for Basis in the High-Exemption Era
The Widow’s Penalty
Paying the Tax on an Illiquid Estate
Life Insurance Workaround
Gift Taxes
Digital Estate and Incapacity Planning
Two Kinds of Digital Asset
Why the Will Fails Here
RUFADAA: The Access Framework
The Incapacity Gap
Custody Architecture for Crypto
Elder Financial Abuse
Who the Abuser Is
Architecting the Defense
The Legal Backstop
What to Do in the Event of Death
Immediate Actions (First 72 Hours)
Managing Financial and Legal Affairs
The Fiduciary’s Administration Duties
Securing Accounts and Preventing Fraud
Tax Filing Requirements
Tax Planning for Inherited IRA
First, Move It Without Detonating It
The Ten-Year Rule and Eligible Designated Beneficiaries
Annual RMD Requirements: The July 2024 Regulations
The Deduction Almost Nobody Claims: §691(c)
Distribution Optimization Strategies
Naming a Trust as Your Retirement-Account Beneficiary
How Do Family Fortunes Disappear?
The Family Operating Agreement: Explaining How the Family Works