Family Wealth and Estate Planning Articles

A residuary clause in a will ensures that any assets not specifically mentioned—such as forgotten accounts or newly acquired property—are distributed according to your wishes. Without it, those assets may be subject to state intestacy laws, potentially leading to legal complications and family disputes. Including this clause adds flexibility and peace of mind by safeguarding your estate against future uncertainties.

A financial power of attorney ensures someone you trust can manage your finances if you become incapacitated, avoiding costly court proceedings. You can choose between a springing POA, which activates under specific conditions, or a durable POA, which takes effect immediately and allows for quicker action in emergencies. Pairing it with a health care POA and updating both regularly helps protect your wishes and your family’s peace of mind.

Beneficiary designations can override your will or trust, potentially disrupting your estate plan and causing unintended consequences. By naming both primary and contingent beneficiaries, updating them as life changes, and considering government benefit implications, you can ensure your assets are distributed according to your wishes and avoid unnecessary legal or financial complications.

OBBB panel discussion held on September 25, 2025, with experts from Lumsden McCormick and Bond, Schoeneck & King.

An Irrevocable Life Insurance Trust (ILIT) can help keep life insurance proceeds out of your taxable estate, reducing potential estate tax liability. By transferring ownership of a policy to an ILIT or having the trust purchase a new policy, you ensure the death benefit passes tax-free to beneficiaries. While ILITs offer significant advantages for high-net-worth individuals, they come with complexities such as gift tax considerations and loss of control, making professional guidance essential.

Intrafamily loans can be a flexible way to transfer wealth, support major purchases, and preserve family assets while offering tax advantages—when structured correctly. To avoid IRS reclassification as a gift, these loans must follow strict formalities, including charging interest at the applicable federal rate and documenting repayment terms. While financially beneficial, they carry emotional risks, so careful planning and professional guidance are essential.

A quiet trust, also known as a silent trust, is an estate planning tool that keeps beneficiaries unaware of the trust’s existence until a specified age or milestone. While it can preserve motivation and protect heirs from external pressures, it may also lead to missed opportunities or resentment. For some families, an incentive trust, which rewards responsible behavior may offer a more balanced approach.

Custodial accounts offer a flexible way for adults to manage investments on behalf of minors, allowing the assets to legally belong to the child while controlled by a custodian until adulthood. These accounts support various asset types and provide tax benefits but come with considerations regarding control and financial aid impact.

Family business owners benefit from having both an estate plan and a succession plan to ensure a smooth transition of assets and leadership. These strategies help preserve wealth, minimize taxes, and reduce potential conflicts among heirs, while supporting the financial needs of both generations.

Being named an executor of an estate is a significant honor, but it comes with complex legal and financial responsibilities. From securing death certificates and managing probate to settling debts, filing taxes, and distributing assets, the role demands careful organization and clear communication with beneficiaries. Executors must act as fiduciaries, often over the course of a year or more, ensuring every step is handled prudently and transparently.