What’s the Problem with Outright Distributions and Gifts?

July 14, 2016

 If you’re thinking about passing on parts of your estate to your beneficiaries, this is certainly a worthwhile goal but it’s one that should be considered carefully. Leaving gifts outright can lead to problems. For example, some of the most common issues associated with leaving assets to your beneficiaries directly include:

  • The trustee of any trust does not have an opportunity to build relationships well with the beneficiaries.
  • Bankruptcy courts can seize a bankruptcy beneficiary’s inheritance to pay creditors and associated costs
  • A divorce court could ultimately ward some of the inheritance to creditors, limiting your beneficiary’s inheritance to satisfy the creditor’s claim

Using trusts to plan ahead can allow you to have some control over how these assets are distributed to your beneficiaries while also giving you peace of mind that some or all of these issues can be addressed. Depending on your overall goals, a trust can help fit into your general estate planning and allow you to accomplish multiple goals at once. A trust, among other asset protection planning tools, is strongly recommended. shutterstock_307039916

Consulting with a New Jersey estate planning attorney is strongly recommended if you intend to go through this process. Speaking with an attorney sooner rather than later can help to accomplish your goals now and take these worries off your plate.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Life Insurance & Estate Planning After the Big Beautiful Tax Act: Key Strategies for High-Net-Worth Families

Discover how the Big Beautiful Tax Act changes life insurance, trusts, and estate planning for affluent families. Learn practical strategies to protect wealth and adapt ...

<p>The post Life Insurance & Estate Planning After the Big Beautiful Tax Act: Key Strategies for High-Net-Worth Families first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Rushed Transition from Paper Checks Could Harm Taxpayers — What You Need to Know

The rushed shift by Treasury toward eliminating paper checks by September 30, 2025 could leave vulnerable taxpayers behind. Learn the risks and how to navigate them. A ...

<p>The post Rushed Transition from Paper Checks Could Harm Taxpayers — What You Need to Know first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Unlocking the Power of QSBS: How the New Tax Law Can Save You Millions When Selling Your Business

Discover how the One Big Beautiful Bill Act (OBBBA) significantly enhanced Qualified Small Business Stock (QSBS) tax benefits, potentially exempting gains of $15 million or ...

<p>The post Unlocking the Power of QSBS: How the New Tax Law Can Save You Millions When Selling Your Business first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>