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Giving Your Money Away? What Does the Family Think?

Posted by Nina Whitehurst | Aug 03, 2018 | 0 Comments

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There are ways to give away money that help people and create some tax breaks.

If you've reached a point in life where you feel you have enough and want to give your money away, it would be wise to consider what your family thinks about sharing your resources, according to the AARP in “How to Give Your Money Away.”

The following are some good points from AARP on giving your money away:

A grandchild needs a college education. Use a 529 college tuition plan to help your grandchild, by contributing to a plan created by the child's parent. Financial aid formulas look at contributions from a grandparent's plan but not a parent's plan as student income. To allow your grandchild to be eligible for student aid or grants, make sure that the funds you contribute go to his or her parent's 529.

You want to be philanthropic, even if you're not Warren Buffet. You can use what's called a DAF—donor advised fund. They are like charitable savings accounts. The tax deduction for any cash or investments placed in the fund is immediate, so you can front-load two or three years' worth of giving into one year. You can also claim a charitable deduction for a year, when you intend to itemize instead of taking the new standard deduction.

One child is a smashing success, the other is a starving artist. Sometimes the disparity of incomes between children can be a result of choice or abilities. Nevertheless, you may not wish to leave the exact same amount to both kids. One of your children might have a disability and needs special planning. It's your call and it's also your call whether to share all the details with your kids. Logic prevails in some families and there's no drama over these kinds of decisions. Less information about their inheritance is better for others. You could insert a no-contest clause in the will to forestall any litigation.

You have visions of generations enjoying your summer cottage. Sometimes this works out.  However, sometimes the kids have no interest in the property and just want to sell it. Have that conversation first. If no one wants it, sell it when the timing works for you. If one kid loves the house and the others don't care, work out the numbers so the house stays in the family, but the child receives a smaller percentage of assets. If the family wants to keep the house, work with an estate planning attorney to create an LLC (Limited Liability Company) and give shares to the kids. You'll need an operating agreement, including how the cost of maintaining the property will be handled and what happens, if someone wants to sell their share. Define the universe of eligible owners as lineal descendants and not spouses, to forestall an ownership battle in the case of a divorce.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and may include giving some money away.

ReferenceAARP (May 1, 2018) “How to Give Your Money Away”

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...

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