An invaluable part of any estate plan
can be the strategic and systematic use of the annual gift tax
exclusion. By properly planning your estate distribution strategy over a
number of years, you can successfully lower, or even eliminate, estate
shrinkage from administration, death taxes and probate costs.
A
lifetime gifting program can help you to pre-administer your estate in a
way that allows you to control how and when your assets are
distributed. The following seven factors should be considered carefully
as you look at your own gifting strategies and how you can obtain the
biggest impact for your efforts. For this article we will illustrate a
retired couple with three children, all of whom are married and each has
two of their own children.
Seven Factors To Consider:
1. Both Retirees Alive:
While both retirees are alive, they can each give $13,000 to each of
their children (2011 gift tax exclusion amount) annually, as well as
their children's spouses and/or grandchildren. If we just use the
children and their spouses, each parent could gift up to $26,000 for a
combined $52,000 annually to each of their three children's families.
That's up to $156,000 per year that they could gift from their estate to
their children.
2. Establish Multiple Joint Accounts:
What if you need money after it has been gifted away? First of all, a
gift means that you give up all interest in the gift when it is received
by your children. But if your children agree to open up joint accounts
with each other and invest the gifts with the intention of leaving them
alone until both retirees have passed away, just in case they are
needed, this is an acceptable option.
3. Trusting Your Children:
Of course this program requires our retirees to have complete trust in
their children and their spouses. If you let them know you are making
these lifetime gifts in an effort to pre-administer your estate, saving
time and money and trust they will take care of you if you ever need
assistance, this can be a great way to see the benefits of your efforts
while you are alive.
4. Sixty Month Look Back:
If something happens to one or both of our retirees and they need to be
admitted into a nursing home, any gifts that were made within the prior
five years or the sixty month look back period could be reverted back
to the retirees, or the nursing home for payment of those costs. If our
retirees still have enough assets and income to cover these nursing home
costs, the previous gifts may not need to be reclaimed.
5. Death Of First Retiree:
Upon the death of either of our retirees, the annual gifting amounts
now will be cut in half. If our retirees haven't started gifting yet,
the maximum that can be gifted is now $26,000 to each family unit for a
total of $78,000 annually. It is never too late to begin this program
and the sooner a parent begins, the sooner the sixty month look back
period will pass.
6. Life Estates:
Another tool to consider if real property is part of a parent's assets
is to establish a life estate. This program allows the transfer of
ownership of their real property to their children, but maintains their
use of the property for the remainder of their life. This transaction is
usually handled by a local real estate attorney and if our retirees
would rather stay in their home instead of moving into an apartment or
other living arrangement, it can be a great strategy.
7. Nursing Home Expenses:
If nursing home care is needed and our retirees have gifted away all
their assets over the years, it becomes very important to keep an
accurate calendar of when the last gifts were made. If they were
completed over sixty months earlier, they should not need to be
considered, but if they were less than sixty months ago, you will need
to review your options. It may be beneficial for the children to give
back enough of the gifts to cover the monthly nursing home costs that
would be needed to exceed the sixty month requirement. After that point,
our retirees could qualify for public assistance. While their pension
and social security income will be used to cover these costs, the
remainder of their previously gifted assets should not.