Page 23 - 2017 2nd Qtr Newsletter_TAA_FINAL
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TAA NEWS




       A WORlD WIthOut thE EstAtE tAX                                                    By: Jacqueline N. Davie

       Recent  proposals  by  the  Trump  •      protects    inherited   assets.
       administration  include  the  repeal  If you could put a force field around
       of  the  Estate tax, often referred to  the  assets  you  are  passing  to  your
       as  the  “death  tax”.  As  auctioneers,  children   wouldn’t   you?   Most
       many  TAA  members  have  probably  individuals  answer  yes  but  often
       seen  operations  or  families  having  during a review of their documents
       to sell assets to pay taxes. Does the  we  find  they  are  passing  assets
       proposed  repeal  mean  individuals  outright to children or grandchildren.
       and families no longer need to worry  Techniques  exist  that  can  protect
       about Estate Planning? No, because  inherited  assets  from  creditors,    Jacqueline  N.  Davie  is  a  registered
       a good estate plan goes far beyond  lawsuits  or  the  claims  of  divorcing   representatives and investment advisor
       reducing or eliminating estate taxes.  spouses.                            representative  of  Lincoln  Financial
       So  what  else  can  an  estate  plan                                      Advisors  Corp.,  a  broker/dealer
       provide?                              • prevent financial mismanagement.   (member  SIPC)  and  registered
                                             Without planning, it’s possible that   investment  advisor  1330  Post  Oak
       •  Clearly  express  who  you  want  large  sums  of  assets  could  pass  to   Blvd. #2800, Houston, TX 713-552-7966
       to  receive  your  assets.  Without  children  that  are not  ready  for  the   offering  insurance  through  Lincoln
       a Will, you are known to die “intestate”.  responsibility  of  management.  We   affiliates and other fine companies.
       Each state has its own intestate laws  ask  clients  to  think  back  to  how   Lincoln Financial Advisors Corp. and
       that  outline  how  assets  will  pass.  they  would  have  handled  a  large   its representatives do not provide legal
       For example, if you die intestate in  sum  of  money  when  they  were  18   or  tax  advice.  You  may  want  to
       Oklahoma  and  have  a  spouse,  no  or  25.  Many  shudder  at  the  bad   consult  a  legal  or  tax  advisor
       children  but  living  parents,  your  decisions  they  would  have  made.  regarding any legal or tax information
       surviving spouse inherits all property                                     as  it  relates  to  your  personal
       acquired by joint effort during your  •  meets  income  and  principal     circumstances.
       marriage  plus  1/3  of  the  balance.  distribution   objectives.   Should   CRN-1801125-051817
       If  you  have  a  spouse  and  a  child  the  trustee  have  access  to  only
       from  a  previous  marriage,  your  income  or  income  and
       spouse  inherits  ½  of  all  property  principal? Is it mandatory
       acquired by joint effort during your  that income be distributed?
       marriage  and  splits  the  balance  How  does  this  effect
       with  your  decedents.  (NOLO.com)    taxation?  How  this  is
                                             dealt with in any Trusts
       • Builds flexibility for life changing  can  effect  cash  flow
       events.   Actor    Heath    Ledger,  and  taxes  and  should
       star  of  the  movie  Dark  Knight,  be  reviewed  carefully.
       died  with  a  $20m  estate  and  an
       old  Will.  The  Will  left  his  estate  to  These and other consid-
       his  parents  and  sisters  effectively  erations are essential for
       disinheriting his daughter who was  a comprehensive estate
       born  after  the  Will  was  drafted.  A  plan. Focusing on estate
       good  plan  builds  in  flexibility  for  taxes leads to losing focus
       future  events  such  as  children,  on      other    equally
       grandchildren,  death  of  a  child  or  important   decisions
       grandchild  and  death  of  a  spouse. that  affect  not  those
                                             living,  but  those  left
       • Details who you want to receive  behind.  See  my  ad  in
       your assets and how. Will everyone  the     newsletter    and
       receive  a  proportion  of  each  asset  contact   me   today
       or  are  there  some  assets  that  for  a  complimentary
       will a greater portion will go to one  review  of  your  estate
       child?  This  is  especially  relevant  documents.
       for  individuals  who  have  a  family
       business  where  only  one  child  is
       active. Should that child be rewarded
       for  their  contributions  or  should
       they  share  equally  with  siblings
       in the business after death?




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 22                                             2nd Quarter • 2016                                             texasauctioneers.org  www.texasauctioneers.org             2nd Quarter • 2017
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