Skip to content
  • 24/7 Call Answering (602) 932-3187
Book A Call
  • 24/7 Call Answering

(602) 932-3187

estate planning law firm
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

Don’t Miss Out on Estate Planning Opportunities

Serving Clients in the Mesa and Gilbert, Arizona Area

Don’t Miss Out on Estate Planning Opportunities
  • December 6, 2022
  • Asset Protection, Estate Planning, Life Insurance, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

Get To Know Jake
Please Share!
Facebook
Twitter
LinkedIn
Email
People often overlook critical steps when they are doing their estate planning.
  • Scroll Down to Read Article

The recent article, “Rooting Out Estate Planning Opportunities,” from Financial Advisor offers a number of frequently missed opportunities in estate planning. Chief among them are failing to update estate plans, as changes to tax laws could mean that strategies used when your estate plan was initially created may no longer be relevant.

Before these opportunities can be discovered, it’s important to have a clear accounting of all of your assets, including a balance sheet of each “bucket” of resources: personal assets, trust assets, qualified plan assets, etc. The secret to success: meeting with your estate planning attorney every few years to review this entire picture to identify potential opportunities.

Once you have a sense of the whole picture, it’s easier to spot opportunities. For instance:

A Spousal Lifetime Access Trust, or SLAT, is an irrevocable trust used when a grantor wants to transfer part of their spousal exclusion into a SLAT to provide for their spouse and descendants. The SLAT keeps assets out of the donor’s estate and authorizes the trustee to make distributions to the grantor’s spouse, while at the same time it allows children or other heirs to be named as beneficiaries. Many couples use these trusts to protect assets from lawsuits.

There are some drawbacks to keep in mind. If one spouse is the beneficiary of the other spouse, all is well while both are living. However, if one spouse dies or becomes incapacitated and all assets are in the trust, the other may lose access to the trust created for the now deceased spouse.

The loss of access and the restrictions on SLAT distribution could be addressed by having both spouses purchase life insurance policies to fill the gap. At the same time, the couple would be well advised to look into disability and long-term care insurance.

Another situation is the use of a credit shelter trust, often called a bypass trust because it bypasses the surviving spouse’s estate. They are not as advantageous as they used to be because of today’s high estate tax exemption. They were also popular when the surviving spouse wasn’t able to use their deceased spouse’s estate tax exemption.

With the federal estate tax exemption up to more than $12 million, many who still have credit shelter trusts may find they don’t make sense in the short term. However, for now the federal estate exemption is set to drop down to $6 million when the Jobs and Tax Act sunsets. Depending upon your circumstances, it may be worthwhile to maintain this trust. Your estate planning attorney will be able to guide you.

Merging old trusts into new ones, or “decanting” them, makes sense in some situations. A new trust can be better crafted to align with the latest in tax laws and serve the same beneficiaries for as long as your state’s laws permit.

The two important takeaways here:

  • Estate planning requires a complete look at all of your assets and liabilities to make the best decisions on how to structure any estate and tax strategies; and
  • Estate plans need to be reviewed on a regular basis—every three to five years at a minimum—to ensure the strategies still work, despite any changes in tax laws and your situation.

To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.

Reference: Financial Advisor (Nov. 1, 2022) “Rooting Out Estate Planning Opportunities”

PrevPreviousSome Assets Better Left Outside of Will
NextWhat Is the Point of a Trust?Next
Subscribe!

Recent Posts
  • Your Digital Legacy Needs A Plan Too
  • 5 Types Of Trusts You Should Know About
  • Arizona Business Formation Mistakes
  • What Happens To Your Debt When You Die
  • What To Do When You Discover Undisclosed Assets After Probate
Categories
  • Advanced Directives
  • ALTCs
  • Alzheimer's Disease
  • Asset Protection
  • Business Formations
  • Business Succession
  • Charitable Planning
  • Dementia
  • Elder Law
  • Estate Administration
  • Estate Planning
  • Estate Tax
  • Guardianship
  • Life Insurance
  • Medicaid
  • Medicare
  • News
  • Power of Attorney
  • Probate
  • Retirement
  • Social Security
  • Special Needs
  • Trust Administration
  • Uncategorized
  • Wills & Trusts

Contact Us

All fields marked with an “ * ” are required

Please enable JavaScript in your browser to complete this form.
By providing your phone number, you consent to receive automated informational/conversational SMS communications from Lawmatics on behalf of LifePlan Legal AZ. Consent is not a condition of service. Message & data rates may apply and frequency will vary. Reply STOP to unsubscribe. Text HELP for help. Privacy Policy  •  Terms of Use
Loading

Practice Areas

Conservatorship Lawyer Mesa, AZ
End-Of-Life Planning Lawyer Mesa, AZ
Estate Planning Lawyer Mesa, AZ
Guardianship Lawyer Mesa, AZ

Wills And Trusts Lawyer Mesa, AZ
Living Will Lawyer Mesa, AZ
Business Formation Lawyer Mesa, AZ

Estate Administration Lawyer Mesa, AZ
Asset Protection Lawyer Mesa, AZ
Living Trust Lawyer Mesa, AZ

estate planning law firm
Facebook-f Twitter Linkedin-in Youtube Instagram Rss

Our Mesa Office

2500 S Power Road
Bldg 14
Suite 132
Mesa, AZ 85209

New Clients: (602) 932-3187

Existing Clients: (480) 400-0111

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

Also Serving: Apache Junction AZ, Queen Creek AZ and San Tan Valley AZ 

Copyright © 2025 – LifePlan Legal AZ. All rights reserved. Some artwork provided under license agreement. Privacy Policy | Disclaimer | Sitemap