Maximizing Your Legacy: A Look At Minimizing Estate Tax Liabilities

Adrienne

3 months ago

The specter of estate taxes can loom large for ultra-high-net-worth individuals. For those with an estate in excess of $13.61 million (or couples with a combined estate in excess of $27.22 million) in 2024, this tax can significantly reduce the amount of wealth passed on to heirs, making it crucial for families to take proactive steps in their estate planning. Understanding the complexities of the estate tax, including the current exemption limits and the 2025 sunsetting of those estate tax exemptions, is essential for anyone looking to preserve their wealth.

To navigate these challenges, individuals and families facing this situation often turn to sophisticated estate planning tactics. These can include gifting vehicles, the use of trusts, charitable donations, and other techniques designed to minimize the taxable value of an estate. Here at Whittier Trust, we tailor teams made up of internal and external professionals to employ the right strategies that fit your specific needs. It’s never too early to start looking ahead to the inevitable transition of your estate. Here are insights into some of the tools and tactics our clients use to preserve their legacies.

Harnessing the Power of Trusts

Trusts are the bread and butter of effective estate planning, offering a versatile tool for safeguarding assets and ensuring a smooth wealth transfer across generations. While our trust services advisors consider all possible trust options for a client, here are a few examples of the structures that our clients often consider:

Grantor Retained Annuity Trusts (GRATs)

A GRAT is an irrevocable trust that allows the transfer of asset appreciation to beneficiaries free of gift and estate taxes. The grantor retains the right to receive annuity payments during the trust term, and only the appreciation of the trust assets is transferred to the beneficiaries. This makes GRATs particularly useful for those who have exceeded their lifetime gift tax exemption, as it can help reduce estate tax liabilities by removing the appreciation of assets from the estate. GRATs are most effective when there is an asset (or assets) that are likely to grow in value.

Irrevocable Life Insurance Trusts (ILITs)

ILITs are trusts that own a life insurance policy, either purchased by the trust or gifted to it by the grantor. Ordinarily, the proceeds of life insurance, if directly owned by the insured, are included in the insured’s estate for estate tax purposes. By having the ILIT own the insurance policy, the proceeds are moved out of the insured’s estate. The life insurance proceeds may replace assets inside the estate that will be used for estate tax payments. The trust can be structured to last for generations, particularly if the trust is sited in a state, like Nevada, where trusts can last for hundreds of years.

Qualified Personal Residence Trust (QPRT)

A QPRT is a so-called “split-interest” trust in which the parents contribute their home into the trust and are the initial beneficiaries for a set period of years. After this period, the heirs become the beneficiaries. This type of trust allows parents to significantly reduce the transfer value of their residence, as only the “remainder” interest is considered a gift for transfer purposes. The parents may continue to live in the home, paying rent to the trust which can then be distributed to the heirs as distributions of trust income.

By establishing a trust, our clients can provide for the management and protection of their assets during their lifetime, dictating specific terms for distributions and working towards reducing eventual estate taxes.

Maximizing Gift and Estate Tax Exemptions

Perhaps even more critical to estate planning is fully utilizing available gift and estate tax exemptions to reduce your taxable estate and preserve wealth for beneficiaries. This proactive approach minimizes tax burdens and allows for effective asset distribution according to personal wishes. Staying informed on estate tax exemption amounts is also essential. By leveraging lifetime and annual exemptions, ultra-high-net-worth individuals can transfer significant assets out of their taxable estates. The annual gift tax exclusion has increased to $18,000 per recipient ($36,000 if coming from married couples). The current lifetime estate tax exemption is at $13.6 million for individuals and $27 million for married couples.

For more detailed information on the current estate tax provisions, check out Whittier Trust’s Federal Tax Updates.

Leveraging Charitable Giving

Another cornerstone of Whittier Trust’s approach is maximizing the benefits of charitable giving. Charitable contributions can serve a dual purpose: fulfilling philanthropic goals while also providing significant tax advantages.

Qualified Charitable Distributions (QCDs)

Those 72 or older must annually withdraw from their IRAs. If this income isn’t needed, individuals required to take these Required Minimum Distributions (RMDs) from their retirement accounts can donate it directly to charity through QCDs. Taxpayers can contribute up to $100,000, reducing their income tax burden as these distributions are typically treated as regular income.

Donor-Advised Funds (DAFs)

DAFs are charitable accounts within a pre-existing public charity and provide a flexible vehicle for charitable giving. Contributions to a DAF receive an immediate tax deduction, while the donor may advise over how and when the funds are distributed to charities. This can offer estate tax benefits by removing assets from the taxable estate. DAFs also allow for strategic philanthropic planning and the potential growth of donated assets before distribution.

Charitable Trusts

There are two different types of charitable trusts that are used as strategies for those wanting to benefit a charity or charities while still having the family enjoy the benefits of the assets.

Charitable Lead Trusts (CLTs) are irrevocable trusts that provide for an amount to go to charity (or charities) during an initial term of years. After the charitable term is over, whatever is left in the trust goes to family members, either outright or in further trust for multiple generations. Because there is a charitable beneficiary upfront, the amount of the taxable gift made to the family is reduced, leveraging the donor’s available gift and estate tax exemption.

Charitable Remainder Trusts (CRTs) are the opposite. The donor (or donors) receive a stream of income, often for life, and anything left in the trust at the end goes to charity. CRTs work a little like an IRA or an annuity in that the income paid to the donor is generally taxable but the income (capital gains) inside the trust remains tax-deferred. There is an additional benefit to a CRT in that the donor receives a charitable income tax deduction for the actuarial amount passing to charity.

The Importance of Personalized Guidance

While these strategies offer a glimpse into Whittier Trust’s approach to estate tax mitigation, it’s crucial to recognize that each estate is unique. What works for one individual may not be optimal for another. Whittier Trust offers a holistic approach, considering multiple factors like financial goals, desired legacy, family dynamics, tax sensitivity, and more to develop tailored strategies that meet clients’ specific needs. Our professionals work directly with clients and their attorneys and accountants to help each individual and family achieve their goals.

To learn more about how working with experienced professionals at Whittier Trust can help you gain confidence in your estate plans and take steps to protect your wealth for future generations, start a conversation with a Whittier Trust advisor today by visiting our contact page.