Planning

Pass it to your children, not to the tax bill

Most families won't owe federal estate tax. Nearly all of them will still face a transfer problem — because what gets passed down is rarely cash, and the costs of transferring it usually are.

The real problem is liquidity, not tax

Picture the common version. A farm, a building, or a business worth a few million. Three children. One works in it, two don't. There's no cash to speak of, because everything went back into the asset for thirty years.

There is no version of dividing that fairly without either selling it or finding money from somewhere else. So the family sells — often quickly, often below value, and often the thing that was supposed to be the legacy.

The tax question gets the attention. The liquidity question causes the damage.

Who this is for:

  • Families whose wealth is concentrated in land, a business, or real estate
  • Parents with children who don't all want or need the same thing
  • Anyone who wants one child to receive an asset and the others to be treated fairly
  • Owners with a partner who don't want their family and the business tangled together
  • Anyone who hasn't reviewed beneficiaries or titling in the last five years

What's involved:

  1. Step 1. Inventory what actually transfers, and how.

    Some assets pass by beneficiary designation, some by titling, some by will, some by operating agreement. They frequently contradict each other. Finding that is step one.

  2. Step 2. Name the illiquid pieces.

    Which assets can't be split, sold quickly, or divided without destroying what makes them valuable.

  3. Step 3. Define what "fair" means to you.

    Equal and fair aren't the same. A child who has worked in the business for fifteen years and a child who hasn't may warrant different treatment, and the family needs to hear the reasoning from you rather than infer it later.

  4. Step 4. Solve the equalization.

    This is where insurance usually does the work — the child who receives the business or the land, and the others receive proceeds. It's the cleanest mechanism available for making an indivisible asset divisible.

  5. Step 5. Get it drafted properly.

    Your attorney writes the documents. We make sure the funding exists to make those documents work, and that beneficiaries and ownership actually match what they say.

Common questions

  • Most families don't at the federal level. That's exactly why we lead with liquidity — it's the issue that shows up whether or not there's tax owed. Your CPA confirms your specific situation.

This material is for general information only and does not constitute tax, legal, or investment advice. Individual circumstances vary. Consult your own tax advisor and attorney before acting on anything described here.

Commonwealth Legacy Group

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Bring a rough list of what you own and how it's titled. That's enough to start.

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