Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Top Steps For Minimizing Estate Taxes

Author: James F. McDonough

Date: March 10, 2015

Key Contacts

Back

Worried about estate taxes? If you want to generate the lowest burden possible, follow some basic steps to ensure the proper way of minimizing estate taxes

1) Planning is crucial:

First and foremost when it comes to minimizing estate taxes, keep in mind that a failure to plan is a plan for failure. While many believe they do not need to take crucial action simply because they do not meet the federal exclusion amount, which is $5.43 million in 2015, this perception is simply not true, personal finance expert Mike Piper wrote recently in The Wall Street Journal.

2) Conduct an inventory of items:

Creating an inventory of valuable items can make it far easier to determine where they should go is another great way of minimizing estate taxes. Another good way to start is to simply go through your home and tally all objects worth $100 or more. For example, you might want to include items such as televisions, computers or vehicles. Aside from monetary worth, there is also sentimental value, and specific items mean a lot to people.

After compiling a list of physical items, move on to intangibles. For example, you could include any money you have in your bank account, 401(k) plan and brokerage account. In addition, covering any insurance policies – whether those are for life, long-term care or health – is important.

3) Create a will:

Once you have determined your items of value, create a will to ensure assets are divided in the manner you see fit. Be sure to develop one of these documents and ensure it is up-to-date. If you have children who are minors, having a will becomes even more important, because it will name their guardians. In addition, passing away without having a will can deprive heirs of the assets they would receive.

4) Look into trusts:

While you may not need a trust to achieve your goals, exploring these legal mechanisms certainly can’t hurt. Some believe that trusts exist only for the wealthy, but this is a common misconception.

By establishing one, you can potentially enjoy many benefits, for example passing on resources without having to go through probate court. Some of these legal mechanisms will also protect your resources from lawsuits and creditors.

5) Select an estate administrator:

When picking out an estate administrator, be sure to select an individual who enjoys sound mental health and would be responsible. Before determining who will fill this role, it is important to consider different prospects, and also how your death could affect their emotions.

In addition, be sure to avoid automatically assuming your spouse should have this particular responsibility. While you do need to have the proper plan in place to minimize estate taxes, all of this will go to waste without the right administrator.

6) Review your estate plans with your heirs:

Once you have determined your estate plan and selected an administrator, be sure to go over the details with your heirs. Doing so can help eliminate problems such as confusion and also legal disputes.

Heirs frequently harbor misperceptions about how much money their parents have, Piper wrote in a separate Wall Street Journal article. He specifically noted two instances where this understanding could break down:

  • The parents have less money than their inheritors think.
  • The heirs believe they will end up with a larger portion of the inheritance than they actually do.

To minimize estate taxes, be sure to conduct the proper due diligence. In addition, working with the right professionals can make a huge difference. Unless you have the proper training to do all this yourself, be sure to hire a good estate planning attorney and possibly a financial advisor.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!