What Is an Executor? An executor, also called an executor of estate or executor of will, manages your estate after death. It is often a temporary and relatively short-term position, but can be time-intensive. It is referred to as “personal representative” in some states. What Does the Executor of a Will Do? An executor of a will has authority from the probate court to manage the affairs of a deceased person’s estate. In other words, an executor is the fiduciary in charge of your probate estate. The executor’s role includes determining what property you owned, taking control of your assets,…
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Trustee Definition A trustee is a person or a company that manages the trust assets for the benefit of a third party or beneficiary, according to the terms of the trust document. Furthermore, a trustee manages and executes decisions for the beneficiary’s benefit and best interest. When creating a trust, it is important to consider possible questions that can help guide you through the creation process. Is a Trustee the Same as a Beneficiary? Although both are included as part of your overall estate plan, beneficiaries and trustees play different roles. The beneficiary is the individual who may receive the…
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What is Power of Attorney POAs are legal documents that allow you to name an “agent” (also sometimes referred to as an “Attorney-in-fact”) to act on your behalf for financial or health care decisions and are key components of any estate plan. This agent is expected to place the principal’s interests ahead of his or her own, which is why it is important to pick a trustworthy agent. Different Types of POA There are many different types of Powers of Attorney (POAs), including a Financial POA, a Healthcare POA, Non-Durable vs. Durable POAs, General vs. Special POAs, and Springing POAs. …
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What is a Trust? A trust is a legal relationship where the owner, or trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary. A trust is traditionally used for minimizing estate taxes and offers other benefits as a part of an estate plan. What is the Purpose of a Trust? While most typically associated with estate planning, trusts are created more broadly for the purpose of achieving certain goals in the transfer of assets. Many common goals in creating a trust include the reduction of…
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A Conversation with an Experienced Estate Attorney and Trustee At Wealthspire Advisors, there are several senior advisors who also serve as trustee for their clients. Mike Delgass is one such advisor. Mike is a Managing Director and has been with the firm since 2005. Before Wealthspire, Mike practiced as a trusts and estates attorney and was a partner at two nationally recognized law firms. Mike draws from his extensive legal experience not only to help his clients navigate complex tax planning, but also in his role as personal trustee for some of the families with whom he works. Though there…
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With the tax season fast approaching, you may have questions about how your trust is taxed, who is responsible for tax filings, or how trust income taxes get paid. This blog will answer some common questions you may have about the taxation of your trust. Do all trusts pay income taxes? It depends. A trust is a separate legal and taxable entity. Whether the trust pays its own taxes depends on whether the trust is a simple trust, a complex trust, or a grantor trust. Simple trusts and complex trusts pay their own income taxes. Grantor trusts do NOT pay…
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Have you ever seen the show The World’s Most Extraordinary Homes? My favorite segment in each episode occurs when the hosts interview the architects. The architect will describe the origin of his creative vision for the home, how the shapes and colors used in the home might be symbolic of the thing that inspired that vision, and how the materials were sourced and brought to the land on which the home was built. All of these factors coalesce to inform how the home will be lived in. Each of the architects will discuss the care he took in designing the…
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As a founder of a private equity (PE) fund, you are likely more interested in sourcing new deals and successfully getting your fund off the ground than thinking about proactive estate planning. This is understandable, but the reality is that a PE fund interest, specifically the carried interest (often referred to as “carry”) earned as general partner, is an ideal asset to gift for estate planning purposes. The main reason is because of its high potential for appreciation and low initial value. What is carried interest and why is it an attractive asset to transfer? PE funds, as well as…
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What is a Charitable Lead Annuity Trust (CLAT)? A charitable lead annuity trust (“CLAT”) is a type of charitable trust where a charity, donor advised fund, or foundation of the grantor’s choosing (the “Lead Beneficiary”) receives annual payments, either for a term of years or the grantor’s lifetime. At the end of this defined period, the remaining CLAT assets are distributed to the CLAT’s non-charitable beneficiaries, who are usually the grantor’s descendants, or trusts for the descendants’ benefit. How do CLATs work? For CLATs, the Lead Beneficiary receives fixed payments each year. The term of the CLAT may be for…
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