Archive for category Estate
Estate Planning Problems
Death is a certainty for all of us. Failure to carefully plan for this eventuality may result in inability to achieve your desired objectives. Consideration must be given, not only to the way property will be distributed at your death, but also to ensuring lifetime income for yourself and possibly a surviving spouse. Certain characteristics of agricultural estates pose additional problems. Lack of liquidity may require the sale of business assets in order to pay estate taxes and debts. Indivisibility makes periodic gifts more difficult. In addition, many farm operations are very capital-intensive with low cash returns relative to the amount of investment. These problems are not unique to agriculture. Many estates involving other closely-held businesses encounter similar problems.
Faced with these problems, and not knowing what to do, many families do nothing, or delay planning until it is too late. A few of the typical problems which may result from lack of planning include:
• The division of a farm under state inheritance laws results in small, uneconomical units.2 The combined value of the small units when sold separately may notequal the value of the farm when sold as a total unit; nor could the smaller units be separately operated as efficiently as the whole farm.
• The farm-operating heir may not be adequately compensated for contributions to capital improvements, labor and management, and the care of the parents. Understate inheritance laws, the heir will share equally with other broth- ers and sisters who have not made similar contributions.
• Guardianship of minor children may require close court supervision with numerous costs and restrictions where one or both parents die without a will.
• A will may be challenged for incompetency of the parent or parents who waited too long to make a will or the potential of undue influence being placed upon the parent from other sources or family members.
• Land may be divided and subdivided to the extent that it becomes difficult to obtain a mineral lease covering an entire tract inherited by widely scattered co-owners.
• It may be necessary to sell much of the estate if no provisions are made for payment of taxes and other costs.
• Estate taxes may be greater than they would have been if some other method of distributing the estate had been chosen.
• The farm-operating heir may be saddled with an impossible debt-load. This sometimes results from attempting to buy out the other heirs at an unreasonable price and on inadequate terms.
• Ill-feelings and bitterness may arise among heirs, resulting from lack of knowledge and understanding of the law.
• Parents may suffer from economic hardships due to unexpected illness or disability if insufficient property is re- tained to care for them adequately during their remaining years.
• Unnecessary problems may be created by not understanding implications of a joint tenancy or life estate.
• Problems may also arise from failure to consider desired qualifications of an executor.
Many of these problems could be eliminated by proper planning. Determining the facts in the particular transfer problem and understanding the alternative ways of handling the problem, are the first steps that must be taken.
ESTATE PLANNING
In broad terms “estate planning” involves the acquisition, investment, protection and disposition of assets. Oklahoma families are faced with many problems in transferring property to the next generation. Increasing numbers of farm families are becoming aware of these problems, and are searching for satisfactory methods of transferring property within their families.
This publication is intended to furnish basic information about the problems existing, to point out the many alternatives that are available, and to encourage more families to make adequate plans. Major emphasis in this publication will be placed on minimization of disposition costs. Careful estate planning under legal advice can reduce probate expenses and tax losses.
This circular is not designed as a substitute for legal advice. Rather, it is designed to acquaint families with the various alternative methods of land transfer and thereby enable them to consult legal counsel more intelligently. An informed client makes better use of the lawyer’s time. Farm families are encouraged to use this publication as a means of becoming informed and then to consult an attorney to develop a plan best suited to their own situation.