Estate Planning Answers for 'Hard' Assets Like Art, Heirlooms (2024)

As the baby boomer generation approaches one of the largest transfers of wealth in U.S. history, many people are focusing on how to facilitate the flow of their assets to their children, grandchildren and great-grandchildren.

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While passing along more liquid assets like stocks, bonds and cash can be straightforward, “hard” assets like property, art and jewelry are not always as simple. Since families rarely keep a comprehensive inventory of these assets, their value may be outdated or unknown, and family members may have different expectations of how to handle them. Additionally, many families don’t know how to discuss them with their heirs.

As a result, hard assets are often completely overlooked — in spite of their potential value. Like with liquid assets, illiquid assets require a formal plan that begins with conversations between the family decision-makers, financial advisers and oftentimes outside appraisers. To kick-start the illiquid assets distribution discussion, here are three key questions to answer.

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How much is it worth?

Regardless of whether you want to pass down the asset itself or any profit from the sale of that asset, you must start with its fair market value. This is the foundation for any plan, because it attaches an actual, current number to an item that has almost certainly changed in value over time.

For example, take an individual with a collection of jewelry valued around $10,000 at the time of first appraisal. Over 20 years, the value of that collection grows — putting it in the range of $40,000 — as our collector nears retirement. It’s not only critical to understand the collection’s true value to update important insurance coverages, but also to ensure estate planning decisions are made with the most accurate information.

When it comes time to get an asset appraised, find an experienced, accredited appraiser. Especially when it comes to artwork, there are many seemingly free options for valuing your collection. But the financial risk of mispricing your assets could be significant. Don’t rely on online art price guides, advice from your aunt who was once a painter, or even the original seller — who may have a conflict of interest.

Instead, find an appraiser who has been certified by one of the three main accrediting bodies: the Appraisers Association of America, the American Society of Appraisers or the International Society of Appraisers. Especially for large collections, the cost of the appraisal is worth understanding its true value, and how that value will impact your estate.

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Who wants it?

Beyond actual monetary value, it’s important to consider the emotional or sentimental value of your hard assets. While your family heirlooms may carry substantial weight in your mind, your children may have stronger attachments to the family’s vacation home where memories were made.

If multiple heirs are vying for the same asset, you’ll need to figure out if and how it can be divided. If it cannot be split, you’ll need to plan for how to equitably divide other assets. If some, but not all, of your heirs want to keep the asset, it might be more effective to create an equitable buyout situation that transfers ownership to the heirs who want it.

Also remember that the market for assets like artwork is cyclical, so timing may affect the attractiveness of a sale. Take the case of an individual who inherited a collection of artwork from his parents. The artist was a family friend, and the heir knew the collection was valuable — but not sure of its exact worth. At the time, the artist was quite popular, and an appraiser found the collection to be far more valuable than expected. In this case, the heir was able to capitalize on a hot market to sell the collection and walk away with much more liquid assets.

How can it be passed on?

You have a number of options for passing on illiquid assets. In most situations, the best choice is to allow an heir to inherit the asset itself. Illiquid assets receive a step-up in cost basis that alleviates some of the capital gains tax burden even if the inheritors sell it. You can also put the asset in a trust, family partnership or LLC and formalize the transfer of ownership in a tax-efficient way, while also saving on future estate taxes. As a last resort, if you don’t feel like your heirs understand the asset enough to sell it for a fair price, you can opt to sell it yourself, pay the appropriate taxes and gift the cash.

Conversations about illiquid assets can become emotionally charged, so many families choose to push off discussions about how certain items will be handed down. But disregarding these potentially valuable assets can create both legal challenges and also family conflict in the future. Discussing these questions will put you and your family on the path toward a comprehensive plan, which financial and legal professionals can help execute.

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Disclaimer

This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.

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Building Wealth

Estate Planning Answers for 'Hard' Assets Like Art, Heirlooms (2024)

FAQs

What are the three main priorities you want to ensure with your estate plan? ›

A: The three main priorities of an estate plan are to ensure that your assets are distributed in the way you prefer, that someone else has the authority to make decisions on your behalf if you are unable to do so, and that your beneficiaries are clearly defined.

How do you pass assets to heirs? ›

The best ways to leave money to heirs
  1. Will. The first is by having a will. ...
  2. Life insurance. The second way is with life insurance. ...
  3. Estate taxes. Estates that are worth a lot of money can also owe estate taxes. ...
  4. Life insurance trusts.

What types of complications that can occur as beneficiaries gather important estate documents include? ›

The types of complications that can occur as beneficiaries gather important estate documents include: delay in receiving funds. emotionally painful delays. irretrievable loss of some funds.

What are the 7 steps in the estate planning process? ›

Get a head-start on planning and follow these 7 easy steps:
  • Take Inventory of Your Estate. First, narrow down what belongs to you. ...
  • Set a Will in Place. ...
  • Form a Trust. ...
  • Consider Your Healthcare Options. ...
  • Opt for Life Insurance. ...
  • Store All Important Documents in One Place. ...
  • Hire an Attorney from Angermeier & Rogers.

What are the four must-have documents? ›

Contents
  • A will distributes assets upon death.
  • A power of attorney manages finances.
  • Advance care directives manage your health.
  • A living trust is an alternative to a last will.
Mar 26, 2024

What is the most important decision in estate planning? ›

Wills and Trusts

A will or trust should be one of the main components of every estate plan, even if you don't have substantial assets. Wills ensure property is distributed according to an individual's wishes (if drafted according to state laws). Some trusts help limit estate taxes or legal challenges.

How to pass assets to heirs without tax implications? ›

Transfer assets into a trust

An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

How to pass on inheritance without wrecking your family? ›

One good way is to leave the inheritance in a trust. The trust can be set up with some provisions, such as making distributions over time. A trust can also remove the issue of probate, allowing the inheritance to pass without issue.

How much money can be legally given to a family member as a gift? ›

A gift tax is a government tax imposed on those who give money or property to others in exchange for nothing (or less than total value). There is typically a tax-free gift limit to family members until a donation exceeds $15,000 (jumping up to $16,000 in 2022). In these instances, the IRS is usually uninvolved.

What are the risks of being executor of estate? ›

Potential risks of being an estate executor and how to avoid them
  • Mishandling the estate's assets.
  • Misappropriation of estate funds.
  • Deviation from the will's instructions.
  • Failure to follow the rules of distribution.
  • Refusal to provide probate updates and estate information to involved parties.
Oct 19, 2023

Which of the following is one of the best comprehensive ways to avoid probate? ›

The best way to avoid a lengthy probate process is to have a clear and updated will in place before you pass away. If you don't have a will or if your will is contested, probate comes with financial and logistical issues that can make it harder for your loved ones to not only grieve but also access your assets.

What accounts should have beneficiaries? ›

What Other Types of Assets Can Have a Beneficiary Designation?
  • Retirement accounts.
  • IRAs.
  • Investment accounts and other brokerage accounts, such as mutual fund accounts.
  • Life insurance policies.
  • Annuities.
Aug 16, 2023

What is 5 or 5 estate planning? ›

A trust is established in a will in order to provide a regular annual income to one or more beneficiaries from the assets of the estate. A 5 by 5 power clause in a trust allows the beneficiaries access to an additional amount each year if needed. The amount is the greater of $5,000 or 5% of the estate assets.

What is the difference between will and estate planning? ›

While a will is a legal document, an estate plan is a collection of legal documents. More specifically, they often including a will, trusts, an advance directive and various types of powers of attorney. An estate plan can handle other estate planning matters that can't be covered in a will too.

Which of the following is an important document needed for estate planning? ›

An estate plan should be made up of the following: Wills and trusts to distribute assets and name guardians for children under 18. A durable power of attorney to handle financial and legal matters. A medical power of attorney to handle medical matters for you when you are unable to.

What are the important factors to consider in estate planning? ›

Important Elements of Estate Planning
  • Appointing a Trusted Personal Representative. Selecting a personal representative, also known as an executor, is a crucial step in estate planning. ...
  • Protecting Your Assets with Trusts. ...
  • Planning for Incapacity. ...
  • Regularly Reviewing and Updating Your Plan.
Feb 5, 2024

What are the three common goals of estate planning quizlet? ›

List three common goals of estate planning. Transferring property to particular persons consistent with transferor wishes, minimizing taxes, minimizing transaction costs associated with the transfer.

What is an example of a goal that can be accomplished with an estate plan? ›

Commonly, individuals wish to provide for loved ones after death and ensure that their property is distributed in a timely manner. For many, the minimization of expenses and taxes is an important goal.

What is usually the most important client objective in estate planning? ›

Financial security for your family is perhaps the most important objective of a well-devised estate plan. It ensures that your family has the funds it needs, there are no delays in transferring assets to them, and there is enough liquidity to pay settlement costs, taxes and debts.

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