Estate Planning
Know Your Assets
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Choosing the Right Estate-Planning Tool Starts With Knowing Your Assets
A plan that works beautifully for a portfolio stuffed with index funds could fall flat for a family farm or a rapidly appreciating start-up stake. The nature (type) and value (size) of what you own drive nearly every strategic choice— from whether a simple will is sufficient to whether you need sophisticated trusts or business entities. Below is a practical guide that shows how asset characteristics point you toward (or away from) specific planning tools.
1. Cash & Everyday Bank Accounts
Typical traits: liquid, low risk, easy to value
Best tools: • Pay-on-Death (POD) designations • Durable Power of Attorney • Revocable “Living” Trust
Why: POD titles and a revocable trust move cash directly to heirs (no probate delay), while a Power of Attorney lets a trusted agent pay your bills if you’re incapacitated.
2. Brokerage & Mutual-Fund Portfolios
Typical traits: market volatility, step-up in basis at death
Best tools: • Revocable Trust for probate avoidance • Tax-efficient gifting (annual exclusion or lifetime exemption)
Why: Transferring a brokerage account into a living trust keeps trading uninterrupted during incapacity, and low-basis shares can be held until death for a full basis step-up—lowering capital-gain tax for heirs.
3. Retirement Plans (401(k), IRA, 403(b))
Typical traits: tax-deferred, income in respect of a decedent (IRD) when withdrawn
Best tools: • Up-to-date beneficiary forms • Conduit or Accumulation “See-Through” Trusts
Why: These accounts don’t retitle into a trust; they transfer by beneficiary designation. Special “see-through” trusts preserve post-death tax deferral if a beneficiary is a minor, disabled, or needs spend-thrift protection.
4. Closely Held Business Interests
Typical traits: illiquid, potential liability, high growth upside
Best tools: • Buy-Sell Agreement • Limited Liability Company (LLC) or Family Limited Partnership (FLP) • Grantor Retained Annuity Trust (GRAT)
Why: A buy-sell ensures continuity if an owner dies; an LLC/FLP can add creditor protection and valuation discounts; GRATs shift future appreciation to heirs with minimal gift-tax cost.
5. Primary or Vacation Real Estate
Typical traits: illiquid, local creditor exposure, possible appreciation
Best tools: • Revocable Trust (probate avoidance in multiple states) • LLC wrapper (liability insulation and management flexibility) • Qualified Personal Residence Trust (QPRT) for tax-efficient transfers
Why: Titling a house into a trust keeps it out of probate (especially useful for out-of-state property). Vacation homes rented to third parties fit well inside an LLC for liability reasons.
6. High-Appreciation Assets (Tech Start-Up Equity, Crypto)
Typical traits: outsized growth, valuation swings, uncertain tax landscape
Best tools: • Spousal Lifetime Access Trust (SLAT) • Dynasty or Generation-Skipping Trust • Charitable Remainder Trust (CRT) for partial philanthropic goals
Why: Moving early-stage or volatile assets into a long-term irrevocable trust freezes today’s lower value for gift-tax purposes while exporting future growth out of the taxable estate.
7. Life-Insurance Policies
Typical traits: large death benefit, state-law creditor exemptions vary
Best tools: • Irrevocable Life-Insurance Trust (ILIT)
Why: An ILIT keeps the policy proceeds out of your estate for tax purposes and controls how the lump sum is managed for young or financially inexperienced beneficiaries.
8. Artwork, Collectibles & Heirlooms
Typical traits: sentimental value, tricky to appraise, uneven liquidity
Best tools: • Tangible Personal Property Memorandum attached to a Will • Specific Bequests in a Trust
Why: A standalone memo (allowed in most states) lets you change recipients without rewriting the whole will—ideal for items that frequently change location or sentimental meaning.
9. Beneficiaries With Special Circumstances
Typical traits of the people, not the asset: disability benefits, spend-thrift issues, addiction, creditor exposure
Best tools: • Special-Needs (Supplemental-Needs) Trust • Discretionary Spend-thrift Trust run by an independent trustee
Why: These trusts preserve public-benefit eligibility or safeguard the inheritance from creditors, divorcing spouses, or harmful spending habits.
10. Asset Size Thresholds That Tip the Scales
Estimated Net-Worth Band | Common Pivot Point |
---|---|
Under $1 M | Will + POD/TOD titles often suffice; consider a basic revocable trust if real estate is owned in multiple states. |
$1 M – $5 M | Revocable trust becomes the default; begin evaluating creditor risks, state estate taxes, and long-term-care funding. |
$5 M – $12 M | Federal exemption planning (spousal portability, SLATs, ILITs) starts to matter; advanced charitable strategies become attractive. |
$12 M + | Aggressive wealth-transfer tools (GRATs, Dynasty Trusts, FLPs) are critical to freeze value and pass growth outside the taxable estate. |
(Thresholds assume 2025 federal figures; state laws may tighten or loosen the trigger points.)
Key Takeaways
Inventory before you innovate. A precise asset list—type, value, basis, titling—guides every tool choice.
One size never fits all. The best plan often blends multiple techniques across different asset classes.
Value isn’t just dollars. Liquidity, volatility, and creditor exposure can be just as decisive as the balance-sheet number.
Laws evolve. Review your plan every 3-5 years or after any major asset acquisition or change in tax law.
Need help matching your assets to the right strategy? Schedule a consultation and we’ll craft a custom roadmap that protects today’s wealth while positioning tomorrow’s growth exactly where you want it to go.