270 likes | 348 Views
Advisor Opportunities Using Trusts Sandy Cardy Mackenzie Financial Corporation. Strategic use of trusts. ). Initiate tax and estate planning discussions Customize basic strategies RESULT: Increased satisfaction with your value Opportunities for business building . Topics to cover today:.
E N D
Advisor Opportunities Using Trusts Sandy Cardy Mackenzie Financial Corporation
Strategic use of trusts ) • Initiate tax and estate planning discussions • Customize basic strategies RESULT: • Increased satisfaction with your value • Opportunities for business building
Topics to cover today: • Why trusts? • Basics of taxation • Case studies: • Asset protection • Handicapped beneficiaries • Business Succession • Income-splitting testamentary trusts • Insurance Trusts
Minor children Special-needs dependents Family members who are not “financially astute” Income-splitting Retirement planning Charitable giving Inheritances Marriage Divorce Confidentiality Probate Family law property claims Trusts – Who is a prospect?
Inter-vivos Trusts Testamentary Trusts • Taxed at graduated rates • Flexible year end • No attribution • Top tax rates • Calendar year end • Attribution Trusts
Robert’s ins. policy: $500,000 Robert’s will: $1,000,000 to John Trusts - inheritance planning- The Evans family Robert (85) + Emma Evans John’s Parents Sam (22) Son John (56) Heather (20) Daughter Kate (55)
Delay distribution of assets Control over assets Save on income tax Testamentary Trusts (created after death) Case #1-Testamentary trusts
Evans Family Trust John - ? Kate - $8,000 Sam - $8,000 Heather - $8,000 John’s inheritance $60,000 Income$24,000 paid to beneficiaries$36,000 Total Taxes = $8,000
The Power of Testamentary Trusts Joan’s $1,000,000 inheritance from his parents is generating $60,000 interest income annually.
Testamentary trusts - planning opportunities • Income splitting for high income beneficiaries • Income sprinkling for beneficiaries with dependant children • Designated income
Case #2 – Insurance trust • Vivian (68) • Widowed but well off • 4 children • 3 successfully independent • 1 dependent on Vivian at age 36
Issue Unequal sharing Legal wrangling Family discord Possible solution Will planning Gifting Alter Ego trust Insurance trust Vivian dies?
Insurance trusts • Funded with the proceeds of life insurance policy • Established outside estate as separate trust • Beneficiary designation pays proceeds of policy to individual - receives proceeds as trustee • Documentation to establish an insurance trust: • Last Will and Testament • Trust Declaration or Trust Agreement
Insurance trusts – advantages • Taxed as testamentary trust • Probate avoidance • Creditor proof • Confidentiality
Case # 3 - Handicapped beneficiaries • Amanda, age 6 • Father • Life insurance proceeds $250,000 • Designated beneficiary • Options available • In trust for account • Annuity • Formal trust
“Henson” trust • Fully discretionary • Control of assets • Prescribed • beneficiary election Trustee $250,000
Case #4 - Jackson Tool & Die • Age 56 • Wife Joan (55) • Children • Eric (27) • Cody (22) • Joanne (17) Bill Jackson Owner/Manager $5 million Jackson Tool & Die
Estate freeze - trust Bill Family Trust Common shares Debt and preferred Operating Company
Estate freeze - strategies to consider • Use the capital gains exemption now • Recommend multiple wills
Estate Freeze - The real nitty gritty • When to freeze – will owner have enough value to live on in the future? • How do you protect children’s shares from matrimonial claims?
Case #5 – Asset protection • Lou (70) • Divorced – married Anna Nicole 2 years ago • 3 children • 2 grandchildren • Anna Nicole (32) • Divorced • 1 son
Issue Family law issues Estate depletion Lou’s children disinherited Legal wrangling Family discord Possible solution Will planning Gifting Alter-ego trust Spousal trust Lou dies first?
Protection of assets Control of capital Confidentiality Jurisdiction shopping Probate avoidance Alter Ego trust Lou and/or Anna Nicole Assets Lou and/or Anna Nicole Children
Mackenzie is here to help • Client Service Group • Sales Reps • Private Client Group • Tax and Estate Planning • Mackenzie University