Planning ahead and communicating are essential to avoiding
future conflicts. Bruce Udell, founder and CEO of Sarasota, Fla.–based Udell
Associates, urges his financial-planning clients to discuss their estate wishes
openly with their children. Most people resist fully disclosing their finances,
and some may have good reason to fear their decisions might upset their
children. One couple believes their son, a wealthy business owner, would have no
need for a share of their $10 million estate, so they plan to divide it between
their grandchildren and another less financially successful child. Udell
understands why this couple resists his suggestion to explain their plans to all
of their relatives at a family meeting, but, nevertheless, encourages them to do
so.
"They don’t feel comfortable talking about it," Udell says.
"But you know you’re going to have a family meeting—it’s either going to be when
you’re alive or when you’re dead—and you’re better off having a say in it
now."
TOP VIEW Family principals have many reasons for
creating a generation-skipping trust for their heirs— from avoiding
inheritance taxes to ensuring future generations are well provided for. But they
can also be utilized to keep funds from children or their spouses who may engage
in profligate life choices. Experts stress that the primary method for
preventing such a trust from breaking family bonds is clear and honest
communication. | Families can avoid the hurt feelings and confusion that
sometimes accompany GSTs by openly explaining the rationale behind choosing this
type of trust. Jack Edgar, managing director of Legg Mason Investment Counsel,
encourages his clients to share their intentions with their children and clarify
the significant upsides of protection from creditors, taxes and divorce. Even
when clients choose a generation-skipping trust that includes their children as
beneficiaries—with the grandchildren next in line—their adult children can see
it as a vote of no-confidence. Without a conversation, kids often think, "‘Why
didn’t Mom and Dad leave it to us outright?’" Edgar says. "With a little
education, you can usually get around it and kids realize the benefits."
Several years ago, Stuart Lucas became an advocate for
encouraging his family to develop a plan for educating the next generation. A
fourth-generation heir of E.A. Stuart, founder of Carnation, Lucas understood
the stakes personally, as well as professionally, through his advisory practice
as chairman of the Wealth Strategist Network in Chicago. He believed that
articulating the family’s values by composing a family mission statement could
help prepare the next generation of Carnation heirs, some of whom are now in
their midteens. However, his family refashioned his suggestion. Instead, they
began articulating their values more organically by talking about how they would
manage a jointly owned summerhouse. The summerhouse (or for another family,
perhaps a business) helped the family find common ground—or what Lucas refers to
as "finding family affinities."
Even in cases in which all family members are beneficiaries,
unintended tensions can emerge—particularly when individuals believe the trust
benefits family members unequally. When creating a GST, grantors must decide
whether to divide assets to beneficiaries by family branch or by number of
offspring. Those wanting to divide equally among siblings should choose
dividing per stirpes, which treats each child equally, as opposed to each
grandchild.
Even in cases in which all family members are
beneficiaries, unintended tensions can emerge. | Consider a couple with two children. One child has four
children, the other, just one. If a $10 million trust is divided up per stirpes,
the four siblings would receive $1.25 million each and the fifth grandchild, $5
million. If, however, the trust is divided equally among all five grandchildren,
each would receive $2 million. In that case, "Some parents will argue that you
penalize them because they only had one child," Lucas says. "This isn’t
necessarily so. The key goes back to communication and values—if you can get
the values component right, everyone will understand."
Grantors can also disrupt future generations if they do not
properly plan for how a trust distributes assets. Trusts designed to produce
consistent income, for example, are often heavily invested in bonds and
fixed-income products. But this mix can fail future generations by hindering
growth. A better choice is to align current and future beneficiaries’ interests
through paying 2 to 4 percent of trust assets rather than net income, Lucas
says. "By setting a fixed spending rate, everybody benefits," he notes.
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