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Money Matters

The Wealthy: Lagging Behind in Estate Planning
By: Kevin J. Smith

You may have what it takes to accumulate money, but when it comes to preserving your wealth, do you know where to begin? Maybe you are too busy making current financial decisions, or you may prefer not to think about the future. Don't be like many wealthy investors who fail to take an active role in protecting their assets from estate taxes, which can claim up to 55% of an estate's value.

A recent survey by Richard Day Research, Inc., found that people often aren't familiar with estate-planning tools -- or even with the need for planning. Individuals who have accumulated significant assets in their retirement accounts and own personal residences that have appreciated in value may not realize they have estates that need to be managed.

How Bad Is It?

Part of planning for the future of your estate involves staying up-to-date with tax laws that affect your assets. Many wealthy investors involved in the survey were unaware of vital tax laws that have major impacts on their overall estate plans.

Eighty percent of the respondents couldn't say how large an estate must be before it would be subject to federal taxes. For 2002, the unified credit exclusion allows $1 million, rising incrementally until the tax is repealed in 2010, in assets to avoid federal estate and gift taxes. Even with these increases, many people will accumulate estates that are subject to estate taxes. After all, it is not just cash and investments that make up your estate. Your residence, artwork, jewelry and cars are also included in the overall value of your estate. Life insurance death benefits are also included in one's estate if the policy was owned by the decedent.

According to the same survey, more than three out of five people didn't know that the maximum gift an individual can give to another person each year without having to pay federal gift tax is $11,000 ($22,000 if your spouse joins in the gift). You can give this amount to as many people as you choose and pay no taxes on the gifts. Giving gifts and gift splitting can be an effective estate planning tool for many families.

And, despite its potential for tax savings, the majority of individuals in the survey could not cite any specific benefits of transferring assets to a trust. The variety of trusts available makes them flexible estate planning vehicles.

Catching up with Estate Planning

Estate planning can seem like a daunting task; but if you work with a qualified financial professional whom you trust, the process can be straightforward and reassuring. It is also important to review your estate plan periodically because of shifting estate values and changing tax laws. Once your estate plan is in order, you can feel confident about the future of your assets.

Kevin J Smith is a Financial Advisor and Accredited Asset Management Specialist with Legg Mason Wood Walker, Inc., a securities brokerage and financial servicesfirm and member of the New York Stock Exchange, Inc. and SIPC


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