Journal in the Round Avoiding and Fixing Common Estate Planning Mistakes March 29, 2017.

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Presentation transcript:

Journal in the Round Avoiding and Fixing Common Estate Planning Mistakes March 29, 2017

Caroline Demirs Calio, J. D Caroline Demirs Calio, J.D., is a principal in the private clients group at Cummings & Lockwood LLC. She practices in the areas of estate and gift tax planning, asset protection, estate settlement, and trust administration.

Mark Coffey is a fee-only financial planner, partner & senior financial adviser with Summit Financial Strategies Inc. in Columbus, Ohio. He is a Certified Financial Planner Professional and a member of the Registered Financial of the National Association of Personal Financial Advisers (NAPFA). Mark was trained as an attorney and achieved his JD from Capital University in Columbus OH. Mark lives in the German Village area of Columbus OH area and is very involved in the Columbus community professionally and personally as the past chairman of the Estate Planning Council, as president of the Temple Israel Foundation and as past trustee of the German Village Society.

Polling Question At what point do you usually discuss estate planning with your clients? First meeting Second or third meeting If the client brings it up Never

Mistake No. 1 Failing to develop an estate plan Connecticut intestacy statute provides that if there is a surviving spouse and children, $100,000 and one-half of the balance will pass to the surviving spouse; the other one-half of the balance will pass to the children

Mistake No. 2 Failing to create a complete list of assets and family information, and failing to keep adequate records The financial planner will have the most complete information about clients’ assets Financial planners can build potential future tax liability into clients’ financial plan Recommend life insurance

Mistake No. 3 Failing to confirm or update beneficiary designations Clients and estate planning attorneys often rely on financial planners to obtain forms and confirm they are filed properly

Mistake No. 4 Failing to name appropriate fiduciaries AVOIDING AND FIXING COMMON ESTATE PLANNING MISTAKES Mistake No. 4 Failing to name appropriate fiduciaries Institutions often act as fiduciaries Fiduciary will be responsible for hiring (and firing) investment counsel

Polling Question How often do you revisit the allocation of assets between spouses? Quarterly Annually Depends on the client Never

Mistake No. 5 Failing to correctly title assets Estate taxes Disposition at death Probate avoidance

Mistake No. 6 Failing to consider incapacity Case studies: 2008 Use of a Revocable Trust Importance of a valid Durable Power of Attorney

Mistake No. 7 Failing to structure gifts and inheritances appropriately Mistake No. 8 Failing to consider, fund, and properly administer an irrevocable life insurance trust

Mistake No. 9 Failing to consider gifting techniques during life Failing to review and update your estate plan Family changes Changes in financial situation Law changes Mistake No. 10

Caroline Demirs Calio, Esq. Principal Blue Back Square 75 Isham Road, Suite 400 West Hartford, CT 06107 860.313.4936 860.313.4961 ccalio@cl-law.com 3338328.pptx

Financial Advisor’s Perspective Mark S Financial Advisor’s Perspective Mark S. Coffey, JD, CFP® Senior Financial Advisor Summit Financial Strategies March 29, 2017

Financial Advisor’s Unique Role in Estate Planning Financial Advisor’s Perspective Financial Advisor’s Unique Role in Estate Planning Summarize Client’s Financial Plan Identify and Prioritize Client Goals Observations and Recommendations Motivate Client to Update Estate Plan

Participant Poll Polling Question On average, how many times per year do you meet with Financial Planning Clients? 1 2 3 4

FA’s Unique Role in Estate Planning The Financial Advisor’s Unique Role in Estate Planning (continued) FA’s Unique Role in Estate Planning Work with Existing/Recommend Estate Attorney Provide Estate Attorney Financial Plan Summary Coordinate Implementation of Estate Plan with Estate Attorney and Client Review Estate Plan

Lack of ANY estate documents Incorrect beneficiaries Participant Poll Polling Question What is the most common estate planning mistake you observe in your practice? Lack of ANY estate documents Incorrect beneficiaries Outdated fiduciaries (executor, trustee, power of attorney, etc.) Improper asset titles All of the above

Financial Advisor’s Added Value to Estate Process Fact Finding Summarize Client’s Financial Plan Financial Advisor’s Added Value to Estate Process Fact Finding Document Review Questionnaire History and Regular Meetings Charitable Giving History Illustrate Estate Plan’s Role in Overall Plan Save Client and Attorney Time Implementing Estate Plan

Change in estate tax laws Participant Poll Polling Question What motivated your most recent client to meet with their estate attorney? Upcoming travel plans Outdated documents Change in estate tax laws

Thank You.