Planning Potpourri

Prudent Executors:

Most
executors make one of two (or sometimes a combination of both) errors: [1]
Liquidate most estate assets leaving the proceeds in a checking and/or money
market account; [2] Hold onto securities under the mistaken belief that they
can do so without exposure since the decedent died holding them. While
liquidity is important in many estates, and some heirs want distributions in
kind (or the securities the decedent owned actually constitute a reasonable
portfolio for the estate to continue to hold), the recommended approach is for
the executor to hire an investment adviser evaluate the relevant factors
affecting the estate and beneficiaries, develop a written investment
policy statement (IPS) and act in
accordance with the Prudent Investor Act. Thanks Gary.

Graegin Loans can Sell Life Insurance:
So many readers loved the recent checklist column on reasons to buy life
insurance, here’s an encore (yeah, they were probably all insurance agents, but
so what!).  Here’s a creative
technique that can be used for estate planning with insurance. It can help
advisers that sell insurance close a transaction. Most large life insurance
policies are structured to be owned by insurance trusts (ILITs) to avoid taxation in the decedent’s estate.
When the insured dies the ILIT cannot pay estate taxes directly so the ILIT can
loan funds to the estate, or buy assets from the estate. Either approach provides
the estate with the use of the cash received from the insurance proceeds. If
the ILIT loans the estate the money, and the note mandates that the loan cannot
be repaid or accelerated, so that the estate must in all events pay all the
interest required under the note, the estate may qualify to deduct as an
expense all of the interest to be paid back to the ILIT as an administrative
expense. This special type of loan is called a “Graegin Loan” after the court case that first sanctioned it.
So not only can the insurance proceeds be used to pay estate tax on the family
business (don’t try this with a securities FLP), it  may also generate a huge estate tax deduction thereby
reducing the estate tax it is helping to pay! This can be a grand-slam in
planning and close and insurance sale (if you’re an agent you should J). Planning pointers: ◙ Read the footnotes to the Graegin case when
planning the transaction, the forms used by some planners are dangerously
deficient. ◙ Carefully craft default provisions to
simultaneously provide protection, yet not void the mandate that the interest
be paid. ◙ Consider usury issues in the event of a default.