If you have a large estate or your children have large estates
or if you are concerned about possible divorce or creditor
problems for your children, it may not be desirable at your
death to leave all of your assets outright to your children.
This could result in not only having your property taxed
at your death, but again at your childrens' deaths and be
subject to loss through divorce or lawsuits against your
children.
One way of
avoiding the estate tax at your childrens' deaths, provide them
with a measure of protection against loss due to divorce or
lawsuits and still give your children control and flexibility
over their inheritance would be to direct their inheritance into
generation skipping trusts rather than have it distributed to
them outright. Under
this arrangement, each of your children could be trustee of his
or her own trust. Each
child could receive the net income from his or her trust and
could withdraw principal for purposes of
his or her health,
education, support and maintenance. Each child could also have the power to appoint his or her
trust at death to anyone other than his or her creditors. Upon the death of each of your children without having
exercised this power of appointment, the trusts would distribute
to their descendants or could continue on for your
grandchildrens' lives.
The
objective of this planning would be to set up trusts for your
children from which they would receive substantial economic
benefit, would have control as trustee and yet the assets of
these trusts would be partially shielded from the claims of
their creditors and would pass tax free at their respective
deaths to their descendants or whomever they appointed.