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Inheritance strategy

8,026 Views | 55 Replies | Last: 3 days ago by maddiedou
Big12Champ06
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AG
Consider having your parent invest their RMD+ (or whatever isn't needed to live on) into a life insurance policy, especially since you mentioned they are in good health. (This typically goes into an irrevocable trust to get it out of the estate.) Then name charities as the beneficiaries on parent's IRA. Charities pay 0 tax when they inherit the IRA and you pay 0 tax when you get the life insurance death benefit. You'll certainly need a good team of attorney and financial advisor to execute a strategy like this. Hope it helps. I'm for cutting the government out of the inheritance as much as possible.
2wealfth Man
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AG
Look into purchasing a Qualified Life Annuity Contract with the maximum allowed of $210,000 ($420,000 if married). That defers a fraction of the RMDs.

I am torn on IRA's because everything that comes out gets taxed at ordinary rates; including growth in share prices of the holdings. Put as much as possible / tolerable into a Roth is a great step.

https://www.schwab.com/annuities/deferred-income-annuities
YouBet
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AG
Life insurance and annuities. Now we're talking!
Ghost of Bisbee
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AG
Lol
Kool
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AG
2wealfth Man said:

Look into purchasing a Qualified Life Annuity Contract with the maximum allowed of $210,000 ($420,000 if married). That defers a fraction of the RMDs.

I am torn on IRA's because everything that comes out gets taxed at ordinary rates; including growth in share prices of the holdings. As much as possible / tolerable into a Roth is a great step.

https://www.schwab.com/annuities/deferred-income-annuities

Could you elaborate a bit on this? Are you saying you aren't always a fan of maxing out IRAs?

As a physician, I highly value the ERISA protection that contributing to a Qualified account gives. That being said, I am also reaching the latter years of work and am also a bit worried about building a "Tax Bomb" for my estate to deal with.

I will probably quit working within 3 years, and then have another 10-11 years before RMDs take effect. If I did nothing and my IRAs grew at 7% until such time, I would be into OP's parent's territory, which I wouldn't want to leave unaddressed for the next generation. How good is Boldin software at figuring out the net tax effects of Roth conversions, or are there other (better) softwares? I will have some passive income to fill in the lower tax brackets once I retire, so I won't exactly "drop off of a cliff" and create a perfect Roth conversion window. This stuff gets complicated.
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htxag09
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AG
Personally, I'd let it go, especially since this seems like a you exercise and not a parent exercise.

My kids are 2 and 5, so have some time to change my mind, but if they came to me at 60 and asked me to help them with the great tax burden they'll get on the millions of dollars I'm leaving them I'd tell them to pound sand.
Enrico Pallazzo
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The main issue is that at 80, the Roth conversion/RMD minimization ship has sailed. Get some tax lawyer advice, but if she isn't willing to participate, you are probably wasting time, money, and possibly straining the relationship in this last stretch of years every time you bring it up. And again, there's only so much that can be done there because it's already too late. My advice would be to invest your energy into your own tax planning assuming the status quo remains with her.
Enrico Pallazzo
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I'm also in the group that cautions against thinking trusts are the best way. Sometimes they are. But there are any number of ways where they can end up a major pain in the ass or possibly even trigger more taxes ultimately. And I'd be very leery of using one when this individual seems somewhat stubborn and resistant to advice. What you don't want is some half-measure trust where she follows some advice but not all.
topher06
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Trusts serve lots of valid purposes. They are also overused by underqualified estate planning attorneys to run up invoices in some cases. If there is $10MM involved, you need to not shy away from paying $300 to talk to someone who knows
Agman
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AG
The parent is 80.
HECUBUS
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I didn't read all the responses, but at 80, they're already in RMD. If they do live 20 more years, it should be empty. Otherwise, it's taxed at your rate over ten years. At $500k/year they are already at max tax and they should be above that at 80 with over $10 m when including SS. They can convert it all into a Roth at this point.
BoDog
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htxag09 said:

Personally, I'd let it go, especially since this seems like a you exercise and not a parent exercise.

My kids are 2 and 5, so have some time to change my mind, but if they came to me at 60 and asked me to help them with the great tax burden they'll get on the millions of dollars I'm leaving them I'd tell them to pound sand.

I will never understand this line of thinking. It is beyond short sided. So you are ok with letting the government take a large portion of your hard earned money instead of allowing your kids (and grand kids) to take the maximum benefit?
htxag09
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That's what you get from that?

We aren't talking about my/your money. Yes, I have strategies and as I get closer to that time will even go more into it to limit what the government gets.

We're talking about my/your parents' money. I personally feel like I'm entitled to $0 from my parents. It's their money, I hope they spend it all and enjoy retirement. I'm not going to continue to go to them, when they've obviously showed they don't want to have the conversation, making it seem like I feel I'm entitled to their money.
Harkrider 93
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I run a Roth conversion calculator for several different scenarios. It takes all taxes in consideration and IRMAA (health care premiums). There are extra taxes once going over certain income limits, so it is important to take all into consideration when running multiple scenarios per family.

One very common thing is it almost always recommends to convert a lot in the first 2-6 years. I have seen it tell me that converting well into the 37% tax bracket saved the most taxes in the long run due to reduction in other taxes like IRMAA and NIIT.

At 80, it isn't as pressing to convert all, but if they live to 95-100, then it may. Also, if one of your parent passes soon and the other lives long, you are likely to be better off converting a lot soon.

I always pose it as do you want to give some money to the IRS or to your heirs or charity?

Maxifi is the one that is the best for analyzing but you would need some info to run it. Tax return and financial statements will do it.

Pretty sure you said most of this was in an IRA.

Keep in mind that this coming to you likely means more to the IRS than them. Also, it could create a huge tax problem for you because your personal IRAs may get too large due to not using them for those 10+ yrs.

If I am you, it would be hard to bring any of this up. I do seem to find most parents will consider listening if phrased like "I was watching a show/speech/podcast about large tax problems with IRAs and how to avoid a large amount of those taxes by proper tax planning. It was saying that most give more to the IRS than they had to and that money could have stayed with the family or gone to the charity. "

Too lazy to go back and check for comprehension, so feel free to PM me.
As the waves roll, the eagle will fly to the setting sun.
agracer
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AG
Charismatic Megafauna said:

I'm pretty sure her willingness to participate in this exercise is key

This. If the parent is not willing to discuss this, let it go and suck up the taxes later.

The best way to approach the subject is, assuming you're the one to handle their will/estate, is to broach the subject as "what exactly do you want to happen when you pass". Like, you want the grandkids to get this, charity to get that, etc. and try and bring up how to best maximize that giving/legacy without pissing them off.

If they want to leave some to grandkids for college/trade school, mention they can convert chartable giving now and minimize their taxes while still meeting the RMD's each year and reduce what Uncle Sam takes each year. They can still control the money (529 with them as custodian - I think).
Horse with No Name
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Enrico Pallazzo said:

The main issue is that at 80, the Roth conversion/RMD minimization ship has sailed. Get some tax lawyer advice, but if she isn't willing to participate, you are probably wasting time, money, and possibly straining the relationship in this last stretch of years every time you bring it up. And again, there's only so much that can be done there because it's already too late. My advice would be to invest your energy into your own tax planning assuming the status quo remains with her.


This is pretty spot on. Taxes will be due on these funds and 10% of $8M (Bene IRA RMD) still gets you into the top tax bracket. Qualified Charitable Distributions should be used for every single charitable contribution up to the limit. This move alone (assuming she gives away that much) will save more than $32k per year in tax.

If she is as healthy as you say, and multi year life expectancy is likely, I could make the case that one mega conversion right now gives the most benefit.

My assumptions are: RMD will keep her at or near the top tax bracket for remainder of her life, Beneficiary IRA RMD will keep you in top bracket for 10 years, you are nearing Medicare age, and tax rates will go back up again at some point in next 10-20 years.

Convert $10M this year, pay around $4M in taxes and have outrageous medicare premiums (IRRMA) for next year (she is likely already paying much higher than minimums). Thereafter, assume account doubles again every 10 years in a 60/40 portfolio, but all cash needs are covered with after tax Roth dollars. Marginal bracket going forward is sharply less, and medicare premiums at minimum. Even if she dies early, the inheritance can be placed in a Bene Roth for 10 years to produce very large tax free benefit.

Downside is, of course, a huge tax bill in year of conversion, but these funds will almost certainly be taxed near the top bracket, so she is simply growing the tax liability for a future tax bomb that could get worse if tax laws become more onerous.
Ridin' 'cross the desert. . .
Horse with No Name
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Enrico Pallazzo said:

I'm also in the group that cautions against thinking trusts are the best way. Sometimes they are. But there are any number of ways where they can end up a major pain in the ass or possibly even trigger more taxes ultimately. And I'd be very leery of using one when this individual seems somewhat stubborn and resistant to advice. What you don't want is some half-measure trust where she follows some advice but not all.

IRAs and Roth IRAs don't go into trusts. Home, land, maybe non-qualified assets, but not IRAs. This isn't much of an estate planning case, rather its a tax planning case. A very strategic CPA or tax lawyer could help. I would ask a tax lawyer about naming subsequent generations as beneficiaries--grands and great-grands--because their 10 year RMD clock doesn't start until they turn 18.
Ridin' 'cross the desert. . .
maddiedou
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AG
And who is the best tax lawyer that yall have used

I am in BCS but that does not matter we can drive to any area
maddiedou
Harkrider 93
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Sam Buford is in Austin.

https://liberalarts.tamu.edu/blog/sam-buford-68-a-successful-lawyer-with-a-passion-for-liberal-arts/
As the waves roll, the eagle will fly to the setting sun.
AggieT
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AG
https://nancesimpson.com/profiles/glynn-d-nance-jr/

Glynn has done good work for me in Houston for various business issues. LLM in Taxation.
maddiedou
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AG
Thanks
maddiedou
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