Friday April 26, 2024

3.6.5 Layered Lead Trusts

Layered Lead Trusts

Layered Lead Trusts:   A lead trust is a powerful planning strategy for moving assets through to heirs.

Layered Lead Trust

A lead trust is a powerful planning strategy for moving assets through to heirs. However, one very logical question frequently arises: How long will heirs need to wait for the inheritance? Is it possible to solve the "long delay" problem?

A very good and logical solution for the problem is to use not one lead trust, but two, three or even four lead trusts. With a series of lead trusts, the donor still benefits from the powerful discounts of the lead trusts, but also is able to make distribution to heirs over a set number of years. If the estate is fairly substantial, this has historically proven to be both good tax planning strategy and good inheritance planning strategy. That is, if the inheritance is substantial, the heirs frequently will be much more successful in developing accumulation and investment habits if it is distributed at several different time periods.

Example 3.6.5A Four-Layer Lead Trusts

Robert Anderson has a $18 million estate and would like to create a plan that allows his three children and four grandchildren to receive their substantial inheritance over a period of years. His attorney discusses the options with Robert and recommends four-layer testamentary annuity lead trusts. From his estate, assets will be transferred to four different lead trusts. The tentative plan is to transfer $2,000,000 to one lead trust for five years, $3,000,000 to a second lead trust for 10 years, $6,000,000 to a third lead trust for 15 years and $6,000,000 million to a fourth lead trust for 20 years.

When Robert passes away, the family will receive an initial principal distribution from the estate and also will benefit from an insurance trust that holds a substantial life insurance policy on his life. After five years, the first lead trust will make distribution of over $2 million to family. The other three lead trust layers will make distribution to family after 10 years, 15 years and 20 years, respectively. The total distribution to family is estimated at over $19 million from the four lead trusts.

As a result of funding the four lead trusts in his estate, there is a charitable deduction of more than $12 million. With this charitable deduction and other deductions for costs, his estate tax is reduced to zero. In addition, the lead trusts will distribute $14.9 million to the family's donor-advised fund. He is pleased that his children will be involved in philanthropy through distributions of the donor-advised fund.

This plan with zero estate tax is part inheritance and part influence. The children inherit outright 640,000 and have the ability to influence the charitable transfers of another $14 million. Robert believes that the "Integrity and Initiative" plan will be good both financially and personally for his three children.

Case Studies on Layered Lead Trusts

Four Charitable Lead Trusts Teach an Old Dog New Tricks:   Billy Jacobs, 45, was born in 1957 in Boston, Massachusetts, with a silver spoon in his mouth. Billy was the first and only child of multimillionaires Ralph and Martha Jacobs. However, Billy had very little parental involvement in his life. Martha passed away when Billy was very young, and Ralph, a notorious workaholic, was rarely home. Thus, Billy spent much of his childhood away from home at private schools. A product of little parental guidance and a very generous weekly "allowance," Billy grew up to be a poster child "spendthrift son." At the age of 45 and still receiving his weekly allowance, Billy is unmarried, unemployed, and has no savings.

Testamentary Lead Trusts in Four Layers:   Robert White, age 65, is a successful real estate investor. The bulk of his estate, valued at $7 million, consists primarily of real estate. He currently owns two apartment buildings, each valued at $l.5 million, and two strip malls valued at $1 million each. His other estate assets include his personal residence valued at $500,000 and a portfolio of stocks, bonds and mutual funds. The apartment buildings and the strip malls were acquired over the years via a series of like-kind exchanges as allowed under Sec. 1031 of the Internal Revenue Code. Therefore, Robert's tax basis in these properties is extremely low. Also, each of the properties is performing very well, yielding on average a net income of 10%, not including capital growth averaging 2% over the years.

Treat Your Grandchildren (and Charity) Well:   Ginger Goodman is age 70 and is in poor health. Even though she is not expected to live for more than four years, she is still fully capable of handling her affairs. Ginger's spouse passed away five years ago as a result of a heart attack, and she has three children and five grandchildren. Through the use of a family limited partnership, Ginger has been able to transfer substantial wealth to her children and now would like to benefit her grandchildren with the assets remaining in her $3.1 million estate. Her grandchildren range in ages from 10 to 18 years old and, therefore, she feels that they are still too young to handle a large inheritance. However, she would like to give them a small inheritance when she passes away to help them with a college education and also "get started" in life. She would like to delay any large inheritance for a period of at least 20 years, until the youngest is 30 years of age.


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