how to interview an estate planning attorney high net worth

by Annabelle Beatty 5 min read

How to make a high net worth estate plan?

Nov 06, 2017 · If your estate is expansive or complicated, you’ll want an attorney whose primary focus is estate planning, as he or she will have more experience in this field. When talking to an attorney, ask for a brief synopsis of his or her background and expertise. If possible, ask your attorney to provide referrals of former clients to see how they ...

How do I choose the right estate planning attorney or trustee?

Gifting – For very-high- and ultra-high-net-worth individuals gifting can be an effective estate planning strategy, especially to reduce the amount that is taxable on your estate. As of 2021, an individual’s lifetime federal gift and estate tax exemptions are $11.7 million for an individual and $23.4 million for married couples filing jointly.

What are the goals of an estate planning attorney?

Jul 08, 2015 · Ensuring that your heirs and loved ones receive your assets. Helping to reduce or avoid conflicts and confusion. Minimizing legal expenses and taxes. Assessing wealth preservation. These topics ...

What questions should I ask when meeting with an estate planning lawyer?

Dec 05, 2017 · In 2022, the estate tax exemption was set at $12.06 million per individual and $23.4 million for married couples. Any assets over and above these sums will typically be subject to taxation, which can reach well over 50% or more if you include the impact of any possible state estate taxes. High net worth individuals with an estate valued above ...

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Why do estate planning attorneys want to sell you a will?

Why? Because they will benefit more from it than they would if you had a living trust. Be wary of estate planning attorneys who try to sell you on the idea that a living trust is more expensive and not a better option than a will. A living trust is more expensive upfront, but not over the long haul. If you want to avoid unnecessary financial and time costs, you need to avoid the probate process.

What happens if you work your entire life to save for retirement and pass on an inheritance?

If you worked your entire life to save for retirement and to pass on an inheritance, you'd be furious if that inheritance dwindled or was wiped out. Let’s avoid that situation. In case you become incapacitated whether because of an accident, an illness, or from aging during your lifetime, you want to make sure you:

What is the goal of working people?

One of the many goals working people have is to save up for retirement and to build wealth to leave their loved ones after they die. But doing so often comes at a price. There are taxes to consider, which—if you don't make the right choices—can deplete the amount in your estate.

How much is the gift tax exemption for 2021?

Be sure to minimize your estate taxes by knowing your gift, estate, and generation-skipping transfer tax limits—the gift and estate tax exemption is $11.7 million per individual for 2021 ($11.58 million for 2020). 1 . Make sure you make provisions like a power of attorney, a living will, or revocable trust if you become incapacitated.

Who is Dan Moskowitz?

Dan Moskowitz is a freelance financial writer who has 4+ years of experience creating content for the online reading market. Estate planning can be tough and very challenging, especially if you're a high-net-worth individual.

How much can you gift someone in 2021?

The gift and estate tax exemption is $11.7 million per individual or $23.4 million for married couples for the 2021 tax year. 1 . You are allowed to give a gift of $15,000 per year per person, and there is no limit to how the number of recipients you have. But if you give someone $30,000 in one year, the first $15,000 is exempt—referred ...

Is a living trust more expensive than probate?

A living trust is more expensive upfront, but not over the long haul. If you want to avoid unnecessary financial and time costs, you need to avoid the probate process. In order to accomplish this goal, you simply need to opt for a living trust instead.

What can an estate lawyer do?

Some of the important steps an estate lawyer can help you to put in place are to appoint a durable power of attorney that can take charge of important matters on your behalf as well as , potentially, hiring a healthcare power of attorney and appointing a HIPAA release agent to access your medical records.

How can UHNW reduce estate size?

UHNW investors can reduce their estate size by assigning portions of their estates to a charitable lead trust (CLT) or charitable remainder trust (CRT) as charitable donations, including investments, hard assets, or cash.

What is Weber Global Management?

At Weber Global Management, we specialize in creating a comprehensive financial strategy for UHNW investors and their families, providing reasoned, rational guidance and a deep understanding of the intricacies of portfolios of this size. We take an individualized approach to every client’s financial strategy, considering their goals and the legacy they want to leave to future generations. The most critical step to ensuring the preservation and growth of your assets is to get started. To learn more about how we specialize in managing the extraordinary wealth of UHNW families, particularly when it comes to estate planning, reach out to us here.

How much can you gift a UHNW?

Every US taxpayer has a lifetime gift tax exemption , which is currently $11.7 million. This means a UHNW investor will not owe any gift tax on gifted funds until they exceed this lifetime exemption — and, even then, they can still gift up to the annual limit ($15k) each year without a tax impact. This makes gifting potentially the most impactful strategy to reduce your overall estate size to optimize taxes.

What is the goal of estate planning?

Another main goal of estate planning is protecting your assets in the future for the sake of your beneficiaries. You can ensure that your assets are in the right hands by utilizing the following strategies:

What is an intervivos trust?

Inter-vivos family trusts are a strategic way to pass family vacation property on to children while deferring future capital gains tax and avoiding probate. If you have two or more children who you’d like to share ownership of a property, a co-ownership agreement can guarantee equitable distribution.

What is family limited partnership?

Creating a family limited partnership is a strategy often used to reduce estate value while protecting assets from loss, which is covered in more detail with the strategies below. Like many tax minimization and estate planning strategies, a family limited partnership is very complex. Essentially, it’s an arrangement that allows you (as the general partner or GP) to still manage your investments without the risk of interference from entities such as creditors or divorced spouses. After you die, responsibility will transfer from you to your limited partners (LP, which, in this case, are your family members or heirs) and they’ll get a tax break on estate, gift, and income taxes. At this point, they become responsible for managing the funds.

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

What should be included in a properly structured estate?

A properly structured estate should provide ample access to assets needed while you are alive without compromising your overall estate and legacy plans. While certain assets may be directly owned by you or your spouse, it is wise to make certain that other assets are safely outside your estate for estate tax purposes. Some assets such as business interests and investment portfolios, and retirement accounts will require you to maintain direct control, while other assets such as life insurance may be outside of the estate in a properly structured trust.

Is life insurance good for estate planning?

Life Insurance as an Estate Planning Tool for High Net Worth Individuals. Life insurance policies can serve as a very effective technique for conve ying wealth to your loved ones—and even to charities. In fact, it’s often possible to secure a life insurance policy even later in life, imparting a greater tax-free sum to the beneficiary when you pass. ...

Can reducing the size of an estate help with taxes?

While it may seem counterintuitive, reducing the size of your estate could result in a larger transfer of wealth to your heirs as you may qualify for a lower tax bracket. An effective strategy will often include developing a plan that includes the creation of trusts, reallocation of assets to children, and qualified donations, all with the goal of helping you achieve the transfer of as much of your wealth as allowable.

Is a trust taxable income?

Trusts often become a topic of discussion during the estate planning process, but trusts are not suitable for everyone—and not all trusts offer any substantial tax sheltering. This is because financial allocations to the beneficiary are typically considered taxable income unless properly structured.

Is estate planning an ongoing process?

Estate planning is no small feat; in fact, for most individuals, it’s an ongoing process. Even with the guidance of a team of financial and tax advisors, estate planning experts, and specialists in life insurance, annuities, and other investment alternatives, you may be shocked to learn how much of your estate could be lost to taxes.

Why do people start private foundations?

There are at least two reasons to consider starting a private foundation. First, charitable giving can be a very effective technique in preventing wealth from having a bad influence on younger family members.

Why is life insurance important?

Life insurance can play a crucial role in estate planning for ultra-high net worth families. There are two primary purposes for life insurance employed most frequently. First, life insurance can be used to pay the estate taxes so the estate itself stays relatively unscathed. This situation is common in families where a large portion ...

What is a limited partnership?

In general, a limited partnership means you have two types of partners – general partners and limited partners. The general partners control all the management and investment decisions for the assets owned by the partnership, and they carry all of the liability.

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Choose The Right Trustee

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First things first: Make sure you hire someone to take care of your estate planning needs. Unfortunately, there are some professionals who don't act in the best interest of their clients. They may opt for a route that provides them with the most income opportunity, rather than suggest ways to reduce your costs and guarante…
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Minimizing Estate Taxes

  • One of the many goals working people have is to save up for retirement and to build wealth to leave their loved ones after they die. But doing so often comes at a price. There are taxes to consider, which, if you don't make the right choices, can deplete the amount of your estate. You should consider every kind of tax scenario while you plan your estate. This includes income taxe…
See more on investopedia.com

Incapacitation Planning

  • If you worked your entire life to save for retirement and to pass on an inheritance, you'd be furious if it dwindled or was wiped out. Let’s avoid that situation. In case you become incapacitated because of an accident, illness, or from aging during your lifetime, you want to make sure you: 1. Provide care for dependents 2. Appoint a trustee 3. Guarantee the orderly management of your p…
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Avoid Probate with A Living Will

  • Many estate planning attorneys will try to lead you toward a traditional will. Why? Because they benefit more than they would if you had a living trust. Be wary of estate planning attorneys who try to sell you on the idea that a living trust is more expensive and not a better option than a will. A living trust is more expensive upfront, but not over the long haul. If you want to avoid unnecessa…
See more on investopedia.com

The Bottom Line

  • Now you know the basics about how to minimize estate taxes, plan for the event of incapacitation, avoid the probate process, and protect your intended beneficiaries from immoral intentions. This information should be helpful when hiring an estate planning attorney.
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