Thursday, February 23, 2012

GRATs and Mitt Romney's estate planning

No one really knows what will happen with the estate and gift taxes in 2013--if Congress does nothing, we're back to a $1,000,000 exemption.  President Obama's proposed budget sets it at $3,500,000.  We do know that the $5,120,000 exemption we have this year is a great planning tool to move assets to the next generation, something that several of my clients are finding useful.

Mitt Romney took advantage of great advice and used a grantor retained annuity trust (GRAT)  to transfer appreciating assets to future generations of his family free of gift tax.  The grantor must survive the term of the GRAT for the asset to be excluded from his estate, but the term can be very low (although Obama's budget proposes a minimum 10-year term, which is another reason to do your planning now).  The grantor receives annuity payments during the term of the GRAT, and the rest goes to future generations and avoids a lot of taxes.  Combined with a Delaware trust, this strategy can provide security for beneficiaries for decades to come.

If you'd like more information regarding advanced planning strategies and the value that a professional trustee and trust company can provide at little or no additional cost, please contact me at U.S. Trust, Pasadena.
  

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