Creating an estate plan isn’t just about drafting a will or setting up trusts; it’s a comprehensive strategy to ensure your assets and possessions are distributed according to your wishes. But what happens when your cherished belongings aren’t as valued by your family as they are by you?
If you’re a collector or a second-home owner, you might face this dilemma. In such cases, downsizing and liquidation can be important aspects of your estate planning strategy.
The Collector’s Conundrum
Imagine you have spent decades amassing a valuable stamp collection. You may assume that your children would want to inherit this treasure trove. In reality, collecting stamps might not resonate with them as it did with you. The reality is that collections, whether they’re stamps, antiques, or rare books, may not hold the same emotional or financial value for your heirs.
So, what can you do? The answer often lies in liquidation. Selling off a collection can convert it into cash, which can be easily distributed among your heirs. This process eliminates the stress of finding a willing inheritor and ensures that the real value of your collection is realized. You can then include the cash in a trust or will as you see fit.
Second Home, Second Thoughts
Owning a vacation home can be a fantastic luxury, but it can also complicate estate planning. Just like with collections, there’s no guarantee your family will want to take over a second property. Maintenance costs, property taxes, and the hassle of managing a second home can make it less appealing to your heirs.
In such cases, consider selling the property and incorporating the proceeds into your estate plan. Alternatively, you could convert the property into an income-generating asset like a rental, with the earnings distributed to your heirs. This approach makes it easier for your family to manage your estate and spares them the burden of maintaining a property they may not want.
Medicaid Planning and Liquidation
If you’re concerned about the costs of long-term care and are considering Medicaid planning, liquidation can also play a role. Remember, Medicaid is only available if you have less than $1,600 in assets, although a home doesn’t count towards this limit (with a $1.033 million equity limit).
By liquidating certain assets, you can use the funds to set up an irrevocable Medicaid trust. Just keep in mind that there is a five-year look-back period for Medicaid, so plan your liquidation well in advance.
Tips for Successful Liquidation
- Get Appraisals: Before you sell anything, know its worth. Hire an expert to appraise your assets.
- Choose the Right Market: Different assets have different markets. While auction houses might be suitable for antiques, real estate agents are better for properties.
- Consider Taxes: Liquidation can have tax implications. Consult an estate planning attorney to understand how the sale of assets will affect your estate.
- Update Your Estate Plan: After the liquidation, update your will, trusts, and other estate planning documents to reflect the changes in your assets.
Putting It Together
It’s tough to acknowledge that your cherished belongings might not hold the same value for your family. However, being proactive about this reality can simplify the estate planning process.
Liquidation and downsizing are effective strategies to ensure that your estate is managed according to your wishes, without burdening your heirs with unwanted possessions or complex asset management. By thinking ahead and incorporating liquidation into your estate planning, you’re not only securing your legacy but also making life easier for those you leave behind.
Take Action Today!
As you can see, there are a lot of things to take into consideration when you are devising your estate plan. This is why legal counsel is invaluable. When you work with our firm, we will make sure that you address the endeavor from every angle so you are comprehensively prepared.
You can call us at 860-548-1000 to schedule a consultation appointment at our Westport or Glastonbury, CT estate planning offices, and you can alternately reach out through the contact form on this website.
In May 2023, Diana M. O’Rourke joined Nirenstein, Horowitz & Associates, P.C. as an associate attorney in the trust administration department.Diana has five years of experience practicing in the areas of estate administration, estate planning and elder law.She is admitted to practice in the State of Connecticut and is a member of the Connecticut Bar Association, where she is part of the Estate & Probate section and the Elder Law section. She is also a member of the American Academy of Estate Planning Attorneys.