legacy wealth planning
TRANSCRIPT
Legacy Wealth Planning in Nevada www.wealth-counselors.com 1
LEGACY WEALTH
PLANNING IN
NEVADA Learn How to Preserve Financial Wealth in Nevada Using Various Estate Planning Tools such as Living
Trusts, Wills, Powers of Attorney, Irrevocable Trusts, Charitable Giving and Others
GERALD M. DORN
RENO NEVADA ESTATE PLANNING ATTORNEY
Legacy Wealth Planning in Nevada www.wealth-counselors.com 2
Estate Planning is essential for everyone regardless of economic status. If you
have been fortunate enough to establish a strong financial base for you and
your family, it is that much more essential that you plan ahead for your family’s
future. You have the ability to determine ahead of time, exactly how your
legacy will be passed on. Otherwise, your family may not benefit from your
hard work in the end.
The purpose of legacy wealth planning is to allow clients to preserve their
financial wealth using various estate planning tools such as living trusts, wills,
powers of attorney, irrevocable trusts, charitable giving and others. When these
tools are used to create a comprehensive plan for the future, the benefit can be
invaluable.
WHAT IS A LEGACY WEALTH PLAN?
Not only does Legacy Wealth Planning help to preserve your financial wealth,
but a comprehensive estate plan will also include a plan for managing your
assets in the event you become incapacitated. An estate plan can also
designate the person you want to care for your minor children at your death.
Most estate plans include a Durable Power of Attorney and a Will. However,
there are several other legal instruments that can be used to provide for your
heirs after your death. An estate planning attorney will be able to help you
create the comprehensive plan that will best fit your situation.
PROTECTING YOUR ASSETS
Legacy Wealth Planning in Nevada www.wealth-counselors.com 3
Before your heirs can receive the property you leave for them, any legal
judgments or debts still
remaining at the time of your
death will need to be settled
and paid from your estate.
Therefore, proper asset
protection must be a
component of your legacy
wealth plan. Otherwise, your
debts can have serious
financial consequences. Asset Protection is simply a way to arrange your assets
so that they do not become subject to creditors when you die.
The planning process is completely legal. However, it can be tricky and must be
done properly. Each state establishes its own estate planning and asset
protection laws, which protect creditors from individuals who attempt to avoid
judgments by transferring assets into someone else’s name. So, asset
protection must be planned well in advance of any possible threat of judgment.
An estate planning attorney can aid in determining which of your assets may be
exempt from creditors. Those that are not exempt can be carefully repositioned
by your estate planning attorney, so that they will, nonetheless, be protected
from creditors.
Legacy Wealth Planning in Nevada www.wealth-counselors.com 4
PLANNING FOR ESTATE TAXES
Another estate planning issue that will likely
have an effect on your legacy wealth is
estate taxes. In 2014, the personal estate
tax exemption is $5.34 million. This means
you can give a total gift up to that amount
without incurring any estate taxes. If your
total assets now exceed that amount, you
will need a legacy wealth plan in place that
will take into consideration your estate tax
liability. An experienced estate planning attorney can take the proper steps in
order to reduce the impact of taxes on your estate.
Another huge tax break is the marital deduction. This deduction allows married
couples to transfer property to one another, either during their lives or at their
death, without paying any federal estate or gift taxes on their gifts to each
other. When the spouse giving the gift dies, the value of the property passing
to the surviving spouse is deducted from the gross estate of the spouse who is
deceased. This amount is unlimited.
CHARITABLE DONATIONS
Charitable donations are not only a worthwhile investment, but they also
provide a great tax advantage as well. The federal government has created tax
deductions for donations to qualified charities in order to encourage individuals
to be philanthropic. This tax benefit can also be included in your legacy wealth
planning in order to allow you to benefit from this tax deduction.
Legacy Wealth Planning in Nevada www.wealth-counselors.com 5
IT IS IMPORTANT TO REVISIT YOUR PLAN IF YOUR
CIRCUMSTANCES CHANGE
Whenever your financial status or family situation changes, your legacy plan
should be reviewed by an estate planning attorney to determine whether
revision need to be made. For instance, if your financial status has changed
significantly since your plan was first established, revisions will likely be
required.
If your plan included specific amounts to be left to named beneficiaries, any
decrease in the value of your estate will likely have consequences. So, may be
best to distribute your assets based on percentages. For instance, if your estate
plan donates $100,000 to your favorite charity and the remainder to your heirs,
a significant decrease in the value of your estate could very possibly mean your
heirs will not get nearly as much as you intend.
Let’s say you decide to leave your two children different assets worth the same
amount. You leave your son a house worth $300,000 and your daughter stock
also valued at $300,000. If the value of either asset increases or decreases
considerably, then the gifts to your children will no longer be equal. That is why
it is important to update your estate plan whenever the value of your assets
changes.
In sum, one of the most important estate planning objectives, the protection of
legacy wealth, will likely preserve your financial independence and the
independence of your family. Having a suitable legacy wealth plan can help you
achieve that objective for your family’s future.
Legacy Wealth Planning in Nevada www.wealth-counselors.com 6
About the Author
Gerald M. Dorn
Gerald Dorn is a shareholder and has been a partner at Anderson,
Dorn & Rader, Ltd. Since 1998. Mr. Dorn has extensive experience
serving wealthy families and business owners in the development of
estate, tax and asset protection planning strategies. He made the
decision to focus his practice in the area of estate planning after
witnessing the personal grief and financial loss suffered by several of
his clients as a result of poor planning. These experiences motivated
him to dedicate his professional life to assisting his clients to preserve their life’s work for
their heirs and to create a lasting legacy for those they love. Mr. Dorn is able to accomplish
his mission through the use of a vast number of estate planning tools, both basic and
advanced, for all of his clients at Anderson Dorn & Rader, Ltd.
Just out of law school, Mr. Dorn helped to found Harris & Dorn, LLP., a private firm in San
Diego that concentrated on family law, estate planning and probate cases. Mr. Dorn relocated
the Reno area when he was offered a position as general counsel to a national estate
planning company, drafting documents and teaching continuing legal education classes to
attorneys, financial planners and accountants. Mr. Dorn is a frequent author and lecturer on
such topics as Revocable Living Trusts, Family Limited Partnerships and Family Limited
Liability Companies, Irrevocable Trusts, Tax Planning with Life Insurance, Charitable
Remainder Trusts, Charitable Lead Trusts, Private Foundations, Qualified Personal Residence
Trusts, Dynasty Trusts, Sales to Defective Grantor Trusts, Estate and Tax Planning for IRAs
and Qualified Plans, Trust And Estate Administration and Asset Protection. He is a member of
WealthCounsel, LLC, WealthCounsel Advisors Forum, InKnowVision, LLC, the State Bar of
California’s Estate Planning, Trust and Probate Law Section, the American Bar Association’s
Real Property, Probate and Trust Law Section and the Washoe County Bar Association.
Anderson, Dorn, & Rader, Ltd.
Legacy and Wealth Planning Attorneys
500 Damonte Ranch Parkway, Suite 860
Reno, NV 89521
Phone: (775) 823-9455
Fax: (775) 823-9456