Managing estate taxes can be a significant challenge for many affluent families and individuals. Therefore, careful planning is the best way to reduce estate taxes and maximize assets transferred to heirs.
In the absence of an adequate plan, heirloom property or a family business that involved a lifetime of hard work may have to be sold to satisfy tax obligations. Fortunately, there are several unique planning mechanisms that can help individuals maintain wealth for generations to come. One such tool is the dynasty trust.
A dynasty trust, also known as a family bank or family trust, is a form of trust that can help reduce estate taxes and also provide control over how trust assets are distributed to future generations. With a dynasty trust, you control who the money goes to and in what amounts over an unlimited amount of time, without limitation by the rule against perpetuity.
The rule against perpetuity dates back to English law and states that an irrevocable trust may not last longer than the life of the living beneficiaries at the time the trust is created, plus 21 years. The application of the rule against perpetuity varies from state to state, which underscores the need for qualified legal and tax professionals with expertise in estate planning when contemplating a dynasty trust.
A dynasty trust may be established by combining a trust with a limited liability company (LLC) or a family limited partnership. You and your family then transfer cash or other assets to the trust, either all at once or annually.
Funding the trust may trigger gift taxes. However, gifts that are properly structured may also receive a discount for transfer tax purposes. The trust agreement will specify the trust’s beneficiaries, the conditions under which they receive income and/or principal, provisions for loan arrangements to beneficiaries, the term of the trust, and the distribution of trust assets at termination.
Stretching Out Benefits
Creating your own “family bank” can be a very tax-cost effective way to leave a substantial legacy for many generations to come. It allows you to designate how much, when, and under what circumstances your heirs will receive income, principal, or both. It can also ease worries of a future heir squandering an inherited lump sum. You can establish specific conditions that beneficiaries must meet in order to receive funds, and you may also include incentive programs that reward the achievements of heirs.
A dynasty trust can be a powerful estate planning mechanism for efficiently transferring wealth to future generations. However, keep in mind that like all estate planning matters, dynasty trusts are complex and require qualified legal and tax counsel to draft and execute.
Courtesy of: Carol Mani Johnston, Senior Vice President – Wealth Management
Branch Name: Morgan Stanley Smith Barney [San Antonio, Texas -Downtown
Phone Number: 210.271.6111
Web Address: www.fasmithbarney.com/carolmanijohnston
For More Information
If you’d like to learn more, please contact Carol Mani Johnston, 210.271.6111
Morgan Stanley Smith Barney LLC, its affiliates and Morgan Stanley Smith Barney Financial Advisors do not provide tax or legal advice. This material was not intended or written to be used for the purpose of avoiding tax penalties that may be imposed on the taxpayer. Clients should consult their tax advisor for matters involving taxation and tax planning and their attorney for matters involving trust and estate planning and other legal matters.” The author(s) and/or publication are neither employees of nor affiliated with Morgan Stanley Smith Barney LLC (“MSSB”). By providing this third party publication, we are not implying an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by MSSB of any information contained in the publication.
The opinions expressed by the authors are solely their own and do not necessarily reflect those of MSSB. The information and data in the article or publication has been obtained from sources outside of MSSB and MSSB makes no representations or guarantees as to the accuracy or completeness of information or data from sources outside of MSSB. Neither the information provided nor any opinion expressed constitutes a solicitation by MSSB with respect to the purchase or sale of any security, investment, strategy or product that may be mentioned.
Article written by McGraw Hill and provided courtesy of Morgan Stanley Smith Barney Financial Advisor Carol Mani Johnston. Morgan Stanley Smith Barney LLC. Member SIPC.