Trust Us: Estate Planning Wisdom

In this episode of 'Trust Us,' Danielle Friedman, Max McCauley, and Herb Fineburg discuss the critical aspects of selecting a trustee. They cover common client questions, including who should be named as a trustee, the benefits and drawbacks of having a corporate versus an individual trustee, and the specific limitations and responsibilities of beneficiary trustees. The discussion also delves into scenarios where independent trustees may be beneficial, trustee compensation, and the process for naming successor trustees. The episode aims to provide a comprehensive overview to help clients make informed decisions in their estate planning.

00:00 Introduction and...

In this episode of Trust Us, Danielle Friedman, Herb Fineburg, and Max McCauley tackle the pitfalls of common estate planning advice, highlighting the risks of adding children to bank accounts or deeds purely for convenience. They discuss the adverse tax implications, potential family conflicts, and legal issues that can arise from such actions. The hosts emphasize the importance of consulting with informed professionals and suggest alternative methods, such as living trusts, beneficiary designations, and powers of attorney, to achieve estate planning goals without unintended consequences.

(00:00) - Introduction and Overview (00:56) - Risks of Adding a Child to...

In this episode of Trust Us, Danielle Friedman, Herb Fineburg, and Max McCauley discuss the significant changes anticipated with the sunset of the Federal Estate Tax Exemption. They explain what the exemption is, how it impacts estates, and the strategic planning necessary to navigate potential changes post-2025. Topics include essential planning techniques, potential legislative changes, and advice on how to prepare for the uncertainties.

Introduction to Federal Estate Tax Exemption (0:46)Current vs. Future Exemption Amounts (1:28)Hypothetical Example of Taxable Estate (2:47)Impact of Future Legislative Changes (3:53)Strategic Planning Techniques (5:23)Advantages of Early Planning (10:37)Conclusion and Recommendations (13:17)

If you...

In this episode of the Trust Us podcast, hosts Danielle Friedman, Herb Fineburg, and Charles "Max" McCauley III dive into the complex world of intestacy—the laws that govern the distribution of assets when someone passes away without a will.

From common misconceptions about how assets pass to surviving spouses and children, to the unexpected complications of business succession and guardianship of minors, this episode unpacks the consequences of intestacy. Learn why not having a will can lead to costly legal battles, family disputes, and unintended tax burdens.

Whether you're married, have children, own a bu...

In this episode of "Trust Us: Estate Planning Wisdom," hosts Danielle Friedman, Herb Feinberg, and Charles Max McCauley, along with special guest Joe Armstrong, delve into the critical comparison between trusts and prenuptial agreements in protecting family assets.

The hosts explore why trusts can be a stronger and more flexible alternative to prenuptial agreements, especially when planning for high-net-worth individuals and their children's marriages. They discuss how properly structured trusts can provide robust asset protection without the potential awkwardness or limitations of prenups. Key points covered include:

The advantages of discretionary trusts over mandatory distribution provisionsHow...

In Episode 4, through a compelling case study, hosts Danielle Friedman, Herb Fineburg, and Charles "Max" McCauley III explore the vital role of irrevocable trusts when gifting closely held family business interests for the benefit of children.

A client gifted a mere 1.5% stake in his company to each of his three children without using irrevocable trusts, aiming to save on costs. When one child faced divorce unexpectedly, the divorce proceedings centered around this small 1.5% stake in the family business owned by the child. Further complications arose when that same child, who remarried, unexpectedly died, leaving his business interests...

In Episode 3: "Transcript: How Long Should a Trust Last?" hosts Danielle Friedman, Herb Fineburg, and Charles "Max" McCauley III delve into the considerations and implications of establishing trusts, particularly regarding their duration. The discussion revolves around scenarios where trusts terminate at a specific age, leading to unintended consequences such as divorce settlements affecting trust assets. The hosts emphasize the importance of crafting trusts that endure for the beneficiary's lifetime, highlighting the benefits of protecting assets from creditors, divorce, and taxation. They stress the need for flexibility in trust documents to adapt to changing circumstances and advocate for dynasty trusts...

In Episode 2, "Passing Your Wealth to Your Children: How to Ensure Your Children Benefit from Your Hard Work," hosts Danielle Friedman, Herb Fineburg, and Charles "Max" McCauley III, the complexities of estate planning through a poignant case study. Explore the repercussions of neglecting trusts in a $24 million estate, revealing how the absence of this vital component led to unintended consequences. Gain insights into the benefits of trusts, debunk common misconceptions, and discover the importance of comprehensive estate planning. Don't miss this episode for a concise guide to safeguarding your assets and securing your legacy.

 

If y...

In Episode 1 of "Trust Us: Estate Planning Wisdom," hosts Danielle Friedman, Herb Fineburg, and Charles “Max” McCauley III focus on preserving trust funds for couples. They explore a case where parents established an irrevocable trust for their son, who now wishes to buy a home for his family with the trust's $450,000 in assets. The hosts discuss options, favoring the trust buying the house to ensure asset protection. They also consider the trust lending money to the couple, cautioning against making distributions that could deplete assets and make the house marital property. The episode concludes with a Q&A on join...