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Tag: estate planning

  • How to ensure your kids can keep your house when you die – MoneySense

    Living (inter vivos) trusts

    A living trust, or inter vivos trust, that you set up during your life is most commonly used for tax reasons. People might use a trust for income splitting with lower-income family members using a prescribed rate loan or to multiply the lifetime capital gains exemption (LCGE) when planning the future sale of a business. Neither applies in your case. 

    If you are 65 or older, there is the option of an alter ego trust, which is most commonly used to avoid probate for large estates in high-probate provinces like British Columbia, Ontario, or Nova Scotia. 

    I would probably not use a living trust so that your kids do not have to pay to keep your house after you die though, Annette. Maybe a testamentary trust. 

    Testamentary trusts on death

    A testamentary trust comes into effect upon your death. You can create a trust or trusts for different beneficiaries, and you can leave a percentage of your estate or a specific asset in trust.

    To accomplish your goal, you could leave your house to your kids in trust, along with a certain dollar amount or percentage of your estate so there is cash to provide for ongoing maintenance and upkeep.

    Tax on your home upon your death

    If the home is your principal residence, there is generally no tax payable upon your death, Annette. This assumes that no other real estate was claimed as your principal residence during the years you owned it, and you did not use a large portion of your home for rental or business activities. 

    If your home is on a large parcel of land, there can be some tax implications from the deemed disposition (sale) of your home on death, as the entire value may not be tax-free using the principal residence exemption.

    Cottage and farm planning

    It is probably more common for people to leave a cottage or farm in trust with funds to maintain the property. This can help ensure a property stays in the family. 

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    It is more likely that tax could be payable on death with a cottage or farm. A cottage may be subject to capital gains tax if another property is claimed as the deceased taxpayer’s principal residence. Farms may or may not be taxable, as there is a farm lifetime capital gains exemption of $1.25 million that may apply in some cases. 

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    What do kids normally do when you die

    If your kids are minors or still living at home, maybe there is a benefit to keeping your house in trust for a period of time—for example, until your youngest child is 25. This gives them a chance to find their footing and launch without having to move out. 

    If they are under the age of majority, they would need a guardian to live with them. Maybe that is part of your will planning, Annette. 

    To play the devil’s advocate, though, I have to challenge you on the notion that your kids will want to keep your house. Sometimes, parents think their kids will want to keep a certain asset—like a house, cottage, or farm—because they assume it has the same sentimental value to their kids as it does to them. 

    They may love it, and they may miss it if it is gone, but practically speaking, kids need to live their own lives too. If selling an inherited asset allows them to buy their own home or fulfill their own dreams, they may ultimately choose that path instead. 

    Depending on your goals and your family situation, a conversation with your kids may help you identify this and save you the hassle of coming up with an unnecessary arrangement. 

    Keeping a house as a rental property 

    You may think they will keep the house as a rental property. They could choose to do so, but chances are your kids have unused registered retirement savings plan (RRSP) and tax-free savings account (TFSA) room, or debt they could pay down with an inheritance. 

    Although real estate prices have gone up significantly in some cities over the past generation, the upside potential may be more limited over the next generation. Plus, not everyone is keen to be a landlord—especially with their siblings. It takes a lot more work than buying and holding boring stocks, exchange-traded funds (ETFs), or mutual funds.

    Jason Heath, CFP

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  • How to prepare for the $84 trillion wealth transfer | Long Island Business News

    The great wealth transfer is upon us.

    DAVID MAMMINA: ‘It really depends on the person themselves on how they want to determine how their money goes when they pass.’

    An estimated $84 trillion to $124 trillion is expected to go from baby boomers to Gen Xers, millennials and Gen Z over the next 20 years or so, notes David Mammina, partner and financial advisor for Coastline Wealth Management.

    With these numbers and factors in mind, a reputable estate attorney, CPA and financial planner can help manage that transfer of wealth.

    “The team can really look at what’s the best way to deploy trusts. The CPA can determine the best way to save on taxes,” said Mammina, adding that a financial planner can help clients determine how much can be gifted.

    Advisors can tailor a program to an individual’s desires: Whether they want to set up philanthropic donor trusts, gift early so they can see the next generation enjoy it, or invest so there’s a bigger pot for their heirs to inherit.

    “It really depends on the person themselves on how they want to determine how their money goes when they pass,” Mammina said.

    Financial planners will bring in estate attorneys to set up trusts, which helps expediate the transfer of assets. Accountants can start converting IRAs and 401Ks into Roth IRAs, so the assets grow and transfer to the next generation, tax free.

    Teaching the next generation about investing, compounding interest, diversification and risk is also key.

    “It just makes it a little bit of an easier transition when everybody is part of the picture,” Mammina said.

     

    Focus on income taxes

    ASHLEY WEEKS: ‘Very often, it makes sense to involve a professional. It could be a lawyer that serves as trustee. It could be an accountant, a bank or financial institution.’

    As baby boomers age, wealth management starts to center on helping younger generations become good stewards of these resources, notes Ashley Weeks, a wealth strategist at TD Bank.

    “How do we pass the wealth along with the least amount of friction and protect ‘kids‘ going forward?,” said Weeks, noting that the focus should be on income taxes on retirement accounts.

    Instead of selling an asset, you can borrow against it, using it as collateral.

    “You don’t have to pay tax when you take out a loan and let that property benefit from the step up in basis at death,” she said.

    There are challenges in passing along retirement accounts, which don’t get the benefit of a step-up in basis. One possibility is to convert an IRA into a tax-free Roth account.

    “You can pay tax now, but your heirs are not going to be forced to pay taxes on that money when they pull it out after they inherit it,” Weeks added.

    A revokable trust allows assets to bypass the probate process and help protect assets from heirs’ spouses, in the event of divorce.

    To prevent disputes between heirs, grantors should choose their trustees wisely.

    “Very often, it makes sense to involve a professional. It could be a lawyer that serves as trustee. It could be an accountant, a bank or financial institution,” she said.

     

    Diversify your portfolio

    BHAKTI SHAH: ‘It’s important to have an independent valuation to understand what the business is worth.’

    For family business owners, their company is typically their largest asset and the one that’s most dear to them, notes Bhakti Shah, partner and chair of PKF O’Connor Davies’ trusts and estate division.

    If they have concentrated risk in that business, one strategy would be to diversify.

    “Diversify by maybe selling some shares outright to create a more mixed allocation in their asset portfolio,” Shah said.

    If selling is not an option, gifting–either in outright gifts or in a trust—is another possibility.

    Irrevocable trusts provide a greater layer of protection than outright gifts: The asset is protected from creditors or former spouses.

    Work with a team of trusted advisors: An accountant to ensure assets are properly transferred; a lawyer, for a trust, which is a legal entity; and a financial advisor, to manage the transfer of assets.

    “That whole team of professionals is working for you to make sure they’re looking at it from all different angles so that your wishes are being handled according to plan,” Shah said.

    For business owners, having a plan that defines the transition and ownership will put you ahead of the game.

    “It’s important to have an independent valuation to understand what the business is worth,” said Shah, who adds that it could help determine their options as they transition out of the business.

     

    Keeping the peace

    DAVID FRISCH: ‘The founder has to understand the tax consequence of selling. Then you start bringing the family in.’

    For business succession planning, founders must decide how involved they want to remain with the business. In instances when they’re closely linked to their companies, founders usually get a higher payout if they stick around for a year or longer before transitioning out, notes David Frisch, founder and CEO of Frisch Financial Group.

    “The first step—before the family gets involved—is having the conversation with the owner to say, ‘What do you want to do?” Frisch said.

    There’s also the question of how to divide all major assets between the children: the business, real estate holdings and the brokerage account.

    “The founder has to understand the tax consequence of selling,” said Frisch, adding, “Then you start bringing the family in.”

    In addition to a financial advisor and attorney, you might want to also bring in a psychologist to handle the emotional issues of who gets what, who becomes the boss, etc.

    “If nobody wants to run it, it’s certainly easier to sell to a third party, because it takes a lot away from the potential fighting that may be involved,” Frisch said.

    He advises that founders should plan well ahead of retiring:  “Five years before is typically when the founder should start thinking about the next chapter.”


    ARLENE GROSS, LIBN CONTRIBUTING WRITER

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  • What’s more important: your wealth or your legacy? – MoneySense

    Let’s dig into this by first understanding what will happen if your dad continues doing what he is doing and he doesn’t add money to his TFSA. If he lives to 90, earns 5% on his investments, your home appreciates 3%, and we assume a general inflation rate of 2%, he will leave you about $654,000 in today’s dollars. That is made up of his share of the house, which isn’t taxable, and his registered money, which is taxable. I will use today’s dollars (values) for everything as we go. Actual amounts in the future will be higher due to inflation.

    TFSA strategies to enlarge your estate

    Now the question is: Can we increase the amount eventually going to you by drawing extra from the life income fund (LIF) and RRIF to add to his TFSA? Your dad has never contributed to a TFSA, so he has $102,000 of past contribution room he can add, plus his future annual contributions. His LIF withdrawals will be subject to maximum withdrawal limits, so he won’t be able to fully deplete his LIF. 

    Your dad has contribution options: he can top up his TFSA right away or do it gradually over time. If he tops it up in the next two years, he will have to draw about $135,000 from his RRIF and LIF each of the two years. This will cause him to lose his OAS in those years, but his RRIF will be depleted by age 85. His issue then will be that the maximum LIF withdrawals won’t be enough for him so he will have to start drawing from his TFSA.  

    TFSA contribution room calculator

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    Even still, this approach will increase the after-tax estate value to $689,000, which is better than continuing on the current approach, leaving you $654,000.

    A more optimal approach is to make up the past contribution limits by adding $15,000 a year to the TFSA to catch up the past contribution room of $102,000, plus the future annual contribution limits. This approach also means no OAS clawback, ever.  

    This gradual approach will leave you $703,000 with only $10,500 paid in tax. Remember, no TFSA left you with $654,000 and $160,000 was paid in tax.

    But be careful what you ask for

    Clearly, if your dad’s wish is to maximize the amount of money left to you, the best approach is to draw extra from the registered accounts, keeping his taxable income below the OAS clawback threshold, and contributing that amount to his TFSA with you as the beneficiary.  

    But what if that is not your dad’s wish and instead it is to maximize his wealth rather than the value of his estate? There are a number of reasons why some people will put wealth ahead of estate value, such as the parents who tell me they have helped their kids enough, those who want to leave money to charity, couples and singles with no children, and others with concerns about having enough money.

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    I know it sounds like the two goals, wealth accumulation and estate maximization, will result in roughly the same thing but they produce different outcomes. Think about it: when your dad draws money from his RRIF he pays tax resulting in less going to his TFSA which reduces his net worth. Leaving the money in the registered accounts maintains his net worth. 

    Here is an example where wealth accumulation and giving to charity is the goal. If your dad follows the estate maximization plan and adds to his TFSA, the charity will get $707,000 and about $7,000 is paid in tax. Contrast this with your dad not drawing extra from his RRIF to add to his TFSA strategy; the charity receives about $796,000 and the estate has tax owing of $17,000. That is about an extra $90,000 going to the charity. 

    Is your plan flexible?

    I should point out that, other than wealth or estate maximization, there is another reason for having money in TFSAs and that is to provide taxable/non-taxable income flexibility. If, in the future, your dad is ever faced with large bills, such as for long-term care, it will be good to have a non-taxable income source to keep him from moving up an income tax bracket or losing a government benefit. 

    Alex, you are on the right track. From the information provided it looks like your dad should be drawing extra from his RRIF to contribute to his TFSA. Just make sure this meets his goals.

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    About Allan Norman, MSc, CFP, CIM


    About Allan Norman, MSc, CFP, CIM

    With over 30 years as a financial planner, Allan is an associate portfolio manager at Aligned Capital Partners Inc., where he helps Canadians maintain their lifestyles, without fear of running out of money.

    Allan Norman, MSc, CFP, CIM

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  • Strata Alliance expands services, unveils Strata Foundation | Long Island Business News

    Ronkonkoma-based Strata Alliance, a financial and business advisory firm, has expanded its services and unveiled Strata Foundation – formerly CMM Cares – an organization that gives back to Long Island families in need.

    Founded in 2022, Strata works with business owners and high-net-worth Long Island families to build their legacies with an aligned team to manage capital, legal, tax, mergers and acquisitions, insurance and more, providing a streamlined experience.

    The firm has expanded its offerings to help clients increase business value, pursue alternative partnerships, advance legacy and estate planning, implement comprehensive insurance solutions, support a philanthropic foundation and engage with local business and real estate development opportunities.

    “I founded Strata because I was tired of watching Long Island’s highest performers continuously look outside of Long Island for advice and opportunities,” Joe Campolo, founder and CEO of Strata Alliance, said in a news release about the expanded services and rebrand.

    “At Strata, we don’t chase opportunity; we create it,” he added. “We help families build their legacies by offering all the necessary resources under one roof – no fluff, no bottlenecks, just results.”

    The launch of the Strata Foundation, the rebranded CMM Cares, is designed to create a unified philanthropic identity for the organization, reflecting its mission and vision. The foundation aims to serve Long Island’s neediest families, and partners  with local nonprofits, community allies and business leaders to maximize resources for lasting impact.

    The brand refresh and unveiling of the Strata Foundation was announced at a gala last week at St. George’s Golf and Country Club in East Setauket.


    Adina Genn

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  • Taxes halved their inheritance. Could anything be done? – MoneySense

    It is a story about two young adults outraged by the amount of wealth lost to taxes—$659,000—when their parents, in their early 60s, both passed away within a year of each other. 

    I can sympathize with the children, thinking they were going to get this much money only to find they were getting substantially less. Without understanding why, I’m sure it was confusing and hurtful. Let’s walk through why the tax was so high and what if anything could have been done.

    Their father died, after their mother, in December, so he had a full year of income, which I’m assuming was $175,000. There was an RRSP worth $715,000, and I will assume capital gains on the cottage of $850,000. This combination resulted in taxes of about $659,000.  

    Hard to fix after the fact

    What could they have done to lower the amount of tax? In this case, when death is sudden, there is not much you can do. The father’s salary is taxable and there is no getting around that.  

    The same goes for the RRSPs; there is no getting around the tax. The children were named as beneficiaries of the RRSPs, which saved probate fees, but you can’t transfer an RRSP to an adult child like you can a spouse. The funds are withdrawn and the full value goes to the children, but the estate must pay the tax on the value of the RRSP. Regardless, the children end up paying the tax. 

    It is possible to reduce the amount of capital gains paid by designating either the house or cottage as the primary residence and naming the property that has appreciated the least as the secondary property. If there is a bright side to capital gains tax, it is that 50% of your gain is tax-free, so on a $850,000 gain you only pay tax on $425,000.

    When you add it all up—salary $175,000, plus $715,000, plus $425,000 taxable capital gain—that is taxable income of $1,315,000 and tax of $659,000 or 50% of the total income.

    This is why it looks like the government took all their parents’ money. The children inherited the house and cottage and the only cash money they had to pay the taxes was the money from the RRSP. Out of $715,000, they were only left with about $56,000 between the two of them to cover the funeral, accounting, and legal fees, and to maintain the properties until one or both could be sold. 

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    The takeaway: plan for many outcomes

    I’m sure when their parents did their planning, if they did, they assumed they might live to age 90, drawing down on their RRSP/RRIF over time to minimize the tax. They may have sold their principal residence and moved to the cottage, designating it as the principal residence. This would have deferred—and, with inflation, shrunk—the capital gain. They may never have considered what the situation would look like if the unexpected happened.

    If they had, they may have considered purchasing life insurance. Life insurance is for “just in case” the unexpected happens. They could have purchased some term insurance with an option to convert to permanent insurance if taxes continued to be an estate issue. The insurance doesn’t minimize the tax, but it provides the children with tax-free money right away—money that gives them time to pause and think rather than feel under pressure to sell properties at a time that may not be opportune.

    This story serves as a good reminder that when doing your planning, consider what the picture may look like if the unexpected happens and then decide if you want to do anything about it. In this case the parents may have been aware, and understood the tax implications, if they both passed away early. Maybe they felt the children would just sell one or both properties and everything would be good. For the adult children this was unfamiliar territory with a big learning curve.  

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    About Allan Norman, MSc, CFP, CIM


    About Allan Norman, MSc, CFP, CIM

    With over 30 years as a financial planner, Allan is an associate portfolio manager at Aligned Capital Partners Inc., where he helps Canadians maintain their lifestyles, without fear of running out of money.

    Allan Norman, MSc, CFP, CIM

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  • How to plan for old age when you don’t have kids – MoneySense

    In fact, the proportion of Canadian women without biological children has been rising steadily, up to 17.4% of those over 50 in 2022. And family sizes are smaller than they used to be, which lowers the chances that the kids people do have will be nearby, available, and capable of helping. “Many people assume their adult children will step in to help with things like tech issues, downsizing or health care,” says Kara Day, a financial planner in Vancouver. “If you don’t have kids to lean on, retirement looks different, and it requires more intentional planning.”

    So what’s a childless retiree-to-be to do when it comes to prepping for old age? We spoke to the experts for some advice. Here’s what they recommended.

    Build a community

    A big family with lots of kids and grandkids, siblings, and niblings is, at its best, a built-in community where people look out for each other. If yours is small or non-existent, that’s not a problem, says Day, you just need to DIY. “Without children to step in, you need to build your own safety net,” she says. “That means building your own support system, such as friends, neighbours, or community groups.”

    Another way to put it: “Make friends with younger people,” says Milica Ivaz, principal financial planner at Sensible Financial Solutions in Victoria. The advice is a bit tongue-in-cheek, but it’s not just for the times you need these new friends to lift heavy things for you. It’s also to help keep you happier and healthier for longer. 

    “Feeling isolated impacts your mental capabilities,” Ivaz says, adding that joining social groups and staying relevant matters as well. “I’ve seen clients that don’t know what to do with themselves when they retire, and they don’t have that social interaction, and they’re not happy.” The World Health Organization backs Ivaz up: “Research shows that social isolation and loneliness have a serious impact on physical and mental health, quality of life, and longevity,” it says. 

    Housing and transportation for advanced age

    When you choose a place to live, what factors are on your must-have list and how will that change as you get older? No one likes to imagine losing their mobility or ability to drive, but these are common occurrences that should be planned for in advance. “We won’t be driving forever,” Ivaz says. But if you choose a living situation with good walkability and access to public transit, she adds, “it will be easier.” 

    Larger homes with larger yards require more upkeep, which is one reason downsizing is so common among seniors (another is the opportunity to free up more capital). One lesser-known option that’s kind of halfway between buying and renting is a life lease, in which the property buyer pays a purchase price and then monthly maintenance fees in order to take up long-term residence (but not ownership) of a home.

    If you think you’ll want to stay in your house as you age, there’s the option of renovations to improve accessibility, such as upgrading your bathroom to include a walk-in shower with room for two (that’s you and your care aide) or widening doorways to accommodate a wheelchair. Ivaz also suggests setting up a home equity line of credit (HELOC) for the maximum amount—even if you don’t need the money now—in order to “prevent any fraudulent actions with the property” and provide a source of cash should the need arise when you do move out of your home—for example, before and during a house sale.

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    As for that time in the future when you may no longer be able to care for yourself, Day recommends thinking about it early. “Research local services like tech help, home care, or senior centres before you actually need them,” she says. And if you think long-term care (LTC) might be in your future (as it is for many), look into your options early on, “as the cost can vary quite a bit.” Private LTC facilities in B.C., for example, can cost between $7,000 and $18,000 per month, she says, while publicly subsidized options (reserved for lower-income seniors) are more affordable. Depending on what you’ve got saved for retirement, you might want to consider long-term care insurance

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    Get your finances and services in order

    We can’t know what the future will bring. Surely today’s 70- and 80-somethings never anticipated needing help connecting their new dishwasher to the wifi (why is that a thing, again?). But from mowing the lawn and snow removal to meal prep and in-home care, there are plenty of costs associated with the declining abilities (or motivation) that tend to come with aging. And these need to be planned for, Day points out. “While child-free adults may have saved more during their working years, they’ll likely face higher expenses in retirement because they’ll need to pay for services children often provide,” she says. “Even small tasks, like moving furniture or setting up a new phone, may require paid help. So budgeting for those extra supports is important.”

    Ivaz, for her part, doesn’t think a child-free retirement is necessarily more expensive—many of her clients in this age group are helping adult children buy a home, for example—but she agrees that it’s a good idea to account for all potential future costs when creating a retirement plan. She divides up retirement into three phases: the “honeymoon” during which you might spend more on travel and activities, the “settled” era where you’re focused more on living in your own space, and the phase “where you need some help.” How much money you need for each of these is “very personal,” she says, so Ivaz suggests coming up with what-if scenarios and looking at how you’ll cover those costs. 

    Another way to make life easier for future you is to simplify things as you approach retirement. “If you can, consolidate accounts so you’re not juggling too many logins and statements,” Day suggests. “Keep a list of accounts and passwords in a secure location.” 

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    Prevent fraud, identity theft and bad decisions

    There’s no shortage of horror stories about seniors losing their life savings to scams or unscrupulous acquaintances. And it seems like the fraudsters are getting more and more sophisticated. There’s also the worry of cognitive capacity: what if, in the early stages of mental decline, you withdraw all your money out of your safe exchange-traded funds (ETFs) or mutual funds and spend it on a hot but risky stock? Luckily, there are ways to stave off these kinds of issues.

    Day suggests starting with basic security. Set up account alerts to notify you of any unusual activity, using password managers, and enabling two-factor authentication. “Another smart move is to automate bill payments to avoid missed payments or sneaky overcharges,” she says. Speaking of bills, there are also business practices out there that are fully legal but morally questionable, like letting people pay current market rates for internet download speeds that are a decade or more out of date. Consider marking your calendar for regular check-ins that you’re getting the best possible deals on the services you need—and no more.

    There are other safeguards you can put in place, too, Ivaz says. For example, add a trusted contact person to your financial accounts. This is not so they have access to your money, but so the bank can call them in case of suspicious activity. Add beneficiaries (a successor holder in the case of your spouse) to your investment accounts now so they can’t be changed later, even by your designated power of attorney should you become incapacitated. Another trick, Ivaz adds, is to delay receiving Canada Pension Plan (CPP) and Old Age Security (OAS) benefits until age 70. You instead dip into other accounts, such as RRSPs, if needed in the meantime—not just so you can draw a higher amount, but for security, too. 

    “Your CPP amount will not be exposed to market fluctuation,” she says, nor is it subject to your own personal investment decisions. Plus, your own savings can run out if you live to a ripe old age, but government benefits are for life.

    Kat Tancock

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  • A Maryland estate planner’s advice for your digital afterlife – WTOP News

    A Maryland estate planner’s advice for your digital afterlife – WTOP News

    Planning for your death may not be pleasant, but it’s important for the family left behind. Planning for your digital legacy is equally important.

    Planning for your death may not be pleasant, but it’s important for family left behind. Most know things such as a will, power of attorney and burial and funeral wishes should be part of that plan. But planning for your digital legacy is equally important.

    “I think a lot of us take for granted how deeply intertwined our lives are with the digital world. Ignoring that can really leave a confusing mess for loved ones to handle, and even lead to security risks or loss of important data,” said James Crosland, an estate planning attorney at Rockville, Maryland-based Stein Sperling.

    He recommends starting with an inventory of all devices and online platforms, and designating emergency access to them. For social media, most platforms make thinking about a user’s digital legacy straight forward.

    “A lot of platforms like Google or Facebook offer the ability to set up legacy contacts or account management settings, which essentially allow you to designate somebody to manage your account after you pass away,” Crosland said.

    “Do want them to be a digital memorial? Do you want that information to be just accessible by family members, or frankly do you just want it deleted? Letting your loved ones know what you want to do would really go a long way.”

    Passwords are another potential hurdle for survivors to overcome. Keeping an accurate and up-to-date offline list of all passwords is probably unrealistic, with too many logins and passwords that change. There are many password managers available that can store passwords across multiple logins, and most allow for the designation of an emergency contact.

    A social media legacy may not be at the top of the list when planning for your death. Finances is something much more important. Most of what we do financially — paying bills, saving, investing — is done online now. Preparing for that helps guide survivors as well.

    “I would start by listing all bank accounts, retirement funds, auto-pay subscriptions, investment platforms and basically map out your financial digital presence,” Crosland said.

    Idle financial accounts are ripe for financial fraud. A recent report by Express VPN estimated by 2100, the U.S. could see almost 700 million deceased accounts, nearly double the projected U.S. population.

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    Jeff Clabaugh

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  • Don’t squander your legacy – MoneySense

    Don’t squander your legacy – MoneySense

    The essential guide to inheritance planning

    Neglecting to plan your inheritance is a bit like leaving your garden unattended for a few seasons. What starts as a minor oversight can quickly turn into a jungle of complications. Shockingly, two-thirds of Canadians haven’t put their estate plans in writing, according to a 2024 survey by IG Wealth Management, despite an expected $1 trillion in assets set to be transferred via inheritances in the next decade.

    When a significant sum of money lands in the lap of someone who didn’t earn it during their lifetime, it can lead to a host of challenges. Financial mismanagement, family discord and even legal battles can arise. Inheritors might feel overwhelmed, unsure of how to handle their sudden wealth, which leads to anxiety and poor financial decisions. As the saying goes, “Easy come, easy go.”

    The pitfalls of inadequate inheritance planning

    Without proper planning, wealth transfer can lead to several challenges for your heirs:

    1. Risk of fraud and exploitation: Inexperienced heirs can become targets for financial scams and exploitation.​​ Falling victim to such schemes can lead to significant financial losses, jeopardizing the inheritance intended to support their future.
    2. Family disputes: Ambiguous inheritance plans can cause significant conflicts among family members. Clear, well-documented plans are crucial in preventing misunderstandings and ensuring that wealth is distributed according to the benefactor’s wishes. 
    3. Tax Implications: Unplanned wealth transfers can incur substantial tax burdens, reducing the overall inheritance value. Strategic planning can help mitigate these taxes, preserving more wealth for the beneficiaries. Proper estate planning can save heirs from unexpected tax liabilities and ensure a smoother transfer process​.

    Key considerations for transferring wealth 

    To avoid these pitfalls and ensure a smooth wealth transfer, parents and grandparents should consider the following strategies:

    1. Clear communication: Talk openly with your children and grandchildren about your plans. Surprise inheritances can feel like a windfall, but they can also bring confusion and stress. A candid conversation ahead of time can prepare them mentally and emotionally for the responsibilities that come with managing wealth.
    2. Structured distribution: Rather than a lump-sum transfer, consider staggered distributions or trust funds. This method can help reduce the risk of financial mismanagement. Setting up a trust can ensure your heirs receive funds in a controlled manner, reducing the temptation to splurge.
    3. Education and financial literacy: Equip your heirs with the knowledge they need to manage their inheritance wisely. Financial literacy programs or meetings with a financial advisor can be invaluable. Well-informed individuals are more likely to make prudent financial decisions.​

    Supporting the next generation 

    When wealth is transferred, so too is the responsibility of managing it. Providing support for your heirs can make all the difference. Here are a few ideas to help:

    • Comprehensive guidance: Schedule regular meetings with a financial advisor to review the inheritance’s management and address any concerns or questions. This helps ensure that heirs stay on track with their financial goals​.
    • Recognize inheritance grief: “Inheritance grief” refers to the emotional and psychological challenges that heirs may experience when they receive a significant inheritance. It can manifest in various ways, including mourning the loss of the loved one and the changes that come with inheriting wealth. Emotional support, financial education and careful estate planning can help heirs navigate their feelings and responsibilities effectively.​​
    • Communicate the family financial plan: I know that I mentioned communication already, but I cannot overemphasize the importance of this! Develop a family financial strategy that includes goals for wealth management, charitable giving and future investments. This plan can serve as a road map for heirs to follow, promoting responsible financial behaviour and long-term planning.​ 

    Don’t leave it too late

    Inheritance planning might not be the most exciting topic, but it’s essential to ensure your legacy is preserved and appreciated by future generations. By addressing the challenges head-on and providing the necessary support while you are still capable of doing so, you can help your heirs navigate their inheritance with confidence and wisdom.

    Next time you’re tempted to delay those estate planning talks, remember this: a little planning now can prevent a whole lot of heartache later. And who knows? It might just be the most rewarding conversation you’ll ever have.

    More financial planning advice:




    About Debbie Stanley, TEP, MTI

    Debbie Stanley is an estate and trust professional, and CEO of the estate firm ETP Canada. She is a writer, speaker and regularly featured guest on Zoomer Radio.

    Debbie Stanley, TEP, MTI

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  • Tax implications of adding a child’s name to your rental property – MoneySense

    Tax implications of adding a child’s name to your rental property – MoneySense

    Gifting some or all of a rental property

    The act of adding a name to a property itself does not give rise to capital gains tax. There’s a distinction between legal ownership (whose name is on title) and beneficial ownership (who technically owns the property). If only legal ownership changes, and not beneficial ownership, there may not be a tax event.

    For example, an elderly parent might add their child’s name to their bank account or to the title to their home. They might do this based on the perception that it will simplify dealing with the assets as they age, or in an attempt to avoid probate tax. In these situations, a power of attorney or similar estate document (depending on the province or territory) may be better. The asset may not fall outside of the estate and avoid probate if beneficial ownership remains with the parent. There can also be risks to adding a child’s name to title, including creditor issues if the child is sued, family law disputes if the parents divorce, and elder abuse given the children can access the asset.

    Was there a deemed disposition?

    In your case, Flo, it sounds like your husband intended to partially dispose of the property. Did he document this specifically with a lawyer, or did he just add your daughter’s name to the rental property? Is she now receiving half the rental income?

    A true intention to transfer results in a deemed disposition of one-half of the property at the fair market value. It’s equal to selling part of the property, with tax payable when your husband files his tax return next year.

    Dealing with the increased capital gains inclusion rate

    It seems your husband added your daughter to the property title because of the increase in the capital gains inclusion rate on June 25, 2024.

    Beginning on that date, the inclusion rate for individuals rose from one-half to two-thirds for a capital gain of $250,000 or more in a single year. This means two-thirds of the capital gain is taxable instead of just one-half (as was the case prior to June 25). It’s only the capital gain in excess of $250,000 that is taxable at the higher rate. (For corporations and trusts, the inclusion rate is two-thirds for all capital gains.)

    You mention, Flo, that this was done for estate planning purposes. I assume you intend to hold the property for the rest of your lives. If that could be many years, it may not be advantageous to accelerate the payment of capital gains tax. Some of the capital gain will still likely be subject to the higher inclusion rate—no matter what—and paying tax earlier than you need to could be disadvantageous.

    I’m raising this not as a criticism, but because you may still be able to reconsider, if you haven’t specifically documented your intention and you simply added your daughter’s name to the property title. You should do some tax calculations with your accountant and discuss the documentation of the transfer with your lawyer.

    Jason Heath, CFP

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  • A parents’ guide to home down payment gifts and loans – MoneySense

    A parents’ guide to home down payment gifts and loans – MoneySense

    Loan forgiveness is an option

    If you loan money to a child, you can forgive the loan during your life or upon your death. Of course, you should only do so if you know you won’t need or want the money back in the future.

    If you have loaned different amounts of money to your children, documenting the loans can help ensure an equal division of your estate. Some wills include a so-called “hotchpot” clause that accounts for all loans outstanding, so that one child does not receive a disproportionate gift or forgiven loan, as well as an equal share of the estate.

    What are the tax implications of a gift or loan?

    There are generally no tax implications to gifting in Canada. This differs from the U.S., which has a gift tax. U.S. citizens in Canada still need to be mindful of these U.S. implications. Only two situations may trigger additional income taxes for the parent: selling an asset at a capital gain or withdrawing an asset from a tax-sheltered account a registered retirement savings plan (RRSP). But gifting itself has no tax issues with adult children.

    If a loan to your child was for investment or business purposes, forgiving it can have tax implications. This is in part because loan interest on funds borrowed to buy investments or fund a business is generally tax-deductible for the borrower.

    As a result, forgiveness of such a loan may lead to a capital gain for the lender—if it’s forgiven during your life. If the loan is forgiven upon your death, there should generally be no tax implications.

    If you loan money to a child to invest and the loan does not bear the Canada Revenue Agency prescribed rate of interest—currently 5%—the income may be attributed back to you and taxable to you. You can give an adult child money to invest and not be subject to attribution. But if you loan it and can call it back without charging the prescribed rate, the CRA will attribute interest, dividends, rental income and business income back to you. Capital gains, however, are taxable to the child.

    Before you loan or gift money for a down payment…

    When considering a gift or loan, you should first and foremost be sure that you are in a position to help your kids without risking your own financial security.

    There may be family law, estate and tax implications to making a loan. Seek legal and tax advice from a qualified professional to protect yourself and your family.

    Jason Heath, CFP

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  • Yes, a cottage is an investment property—here’s how to minimize capital gains tax – MoneySense

    Yes, a cottage is an investment property—here’s how to minimize capital gains tax – MoneySense

    Should you keep renting a cottage or buy one?

    You don’t need me to explain the personal perks of having a vacation home or a cottage. But to many people, a cottage is also an investment. There are costs and hopefully returns, especially if you decide to rent it out. If you hope to buy, find out what you need to pay beyond the listing price and how you might finance the purchase.

    Read: Is a vacation home a good investment?

    Is there a capital gains tax exemption for a cottage?

    Sorry to be the bearer of bad news, but there isn’t. There was once a lifetime capital gains exemption of $100,000, but that no longer exists. It only applied in Canada from 1984 to 1994. There are other ways to minimize taxes on the sale of a cottage, though. What about selling to a family member: Can you avoid taxes that way? It depends on a few factors, such as the relationship, if the second property can be claimed as a principal residence, and more.

    Read: Can I sell my cottage tax-free?

    Read: Selling a cottage to a family member: What that means for capital gains

    Do you pay tax when inheriting a cottage?

    The short answer: It depends on your relationship to the person who owns it. Are you an extended family member? Their adult child? Or are you their spouse? Find out how inheriting a cottage can affect taxes for a spouse with children and the steps to take to minimize what’s owed. 

    Read: Inheriting cottage and the capital gains implications

    How to reduce taxes on the sale of a cottage

    This next article goes through the multiple factors that can influence how you plan for capital gains on family-owned cottages, including: 

    Lisa Hannam

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  • A review and summary of Die with Zero and 4,000 Weeks – MoneySense

    A review and summary of Die with Zero and 4,000 Weeks – MoneySense

    Die Broke is the book where I first encountered the colourful quip about how the last cheque you write should be to your undertaker, and it should bounce. In other words, the closer you can get to spending all your money just as you die, the less you have to fork over to Uncle Sam—and for us, the Canada Revenue Agency (CRA).

    Problem is, of course, that no one can accurately predict when they will die. As one unknown wag once remarked, retirement planning would be a cinch, if you just knew the day you’re dying.

    Summary of Die with Zero 

    So, it was of interest to me when an old college friend mentioned how much he enjoyed reading a book titled Die with Zero (HarperCollins, 2021), by Bill Perkins. My first reaction was that it sounded just like Die Broke, but I valued my friend’s opinion enough to check out a free copy on the Libby app and also on the paid book service Everand (formerly Scribd). The books have similar premises: there are trade-offs between time, money and health. Indeed, the Die with Zero subtitle is “Getting all you can from your money and your life.” 

    Essentially put, we exchange our time and life energy for money, which can therefore be viewed as a form of stored life energy. So, if you die with lots of money, you’ve in effect “wasted” some of your precious life energy. Similarly, if you encounter mobility issues or other afflictions in your 70s or 80s, you may not be able to travel and engage in many activities for which you had been saving up. The “money as life energy” idea is most memorably articulated in another classic book about financial independence: Your Money or Your Life (Penguin Random House, 2008). 

    But, what about the children? The issue of inheritance and leaving money to your heirs is deftly handled by Perkins in Die with Zero. The advice amounts to the old bromide that it’s “better to give with a warm hand than a cold one.” In other words, why not give them some of your money when they really need it, and you’re still healthy enough to enjoy their company, and presumably their gratitude.

    Die with Zero review

    After I read Die with Zero and started to write this column, I happened to chat with blogger Mark Seed of MyOwnAdvisor. Quite independently, he published a review of Die with Zero on the website Cashflows & Portfolios back in January 2024, along with a book giveaway promotion.

    “It was ‘OK’ in terms of content,” Mark told me in an email. “Some of the writing was not very good, but the premise is good: avoid hoarding money you could otherwise gift, spend, enjoy, etc.” The review starts with the following quote from Perkins: “The real golden years—the period of maximum potential enjoyment because we have the most health and wealth—mostly come before the traditional retirement age of 65.” The review further says that most of us know this intuitively, but “so many of us might be giving up years of semi-retirement or retirement enjoyment, only to find out we’ve saved too much or put off many valuable experiences for far too long.” The reviewers liken the main premise and the notion that it’s better to give now rather than later, but they also found it quite repetitive and lacking a real recipe for implementing the Die with Zero mantra. 

    Living the Die with Zero mantra

    If you read and absorb the thesis, you may find that the book changes your day-to-day behaviour. This happened to me recently, when my wife and I spent a few days in Fergus and Elora, Ont., for a birthday celebration. Initially, we booked a tiny room at a correspondingly tiny price. Once we checked in, we asked to look at a more spacious and luxurious room. We had both read Die with Zero and, having discussed the book, mutually decided to upgrade our room, despite the price being roughly double. It’s a small example, but it may just be the beginning for us. 

    Jonathan Chevreau

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  • Cross-border estate planning: What should Canadian parents with U.S. beneficiaries do? – MoneySense

    Cross-border estate planning: What should Canadian parents with U.S. beneficiaries do? – MoneySense

    The basics: U.S. estate tax for non-residents

    The U.S. imposes estate taxes on the worldwide estates of its citizens and residents. However, as a Canadian with no U.S. assets, you might initially assume that U.S. estate taxes do not apply to you. The catch here is that since your daughter is a U.S. permanent resident, her inheritance from your estate may generally not be taxable in the United States; however, there may be other tax and filing considerations to keep in mind. Let’s explore them together, Gail.

    U.S. estate tax thresholds and exemptions

    Currently, the U.S. federal estate tax exemption is quite high, sitting at $13.61 million per individual as of 2024. (All figures are in U.S. dollars.) This means that estates valued below this threshold are not subject to federal estate taxes. Assuming that your estate’s value is under $13.61 million, no federal estate tax would be due. For instance, if your Canadian estate is valued at $3 million, it is well below the $13.61-million U.S. federal estate tax exemption. Therefore, your daughter would not be liable for U.S. federal estate taxes on her inheritance.

    State estate taxes

    While the federal estate tax exemption is high, it’s important to consider that some U.S. states impose their own estate or inheritance taxes with lower exemption thresholds. The impact of these state taxes depends on where your daughter resides. As of 2024, the states of Washington, Oregon, Minnesota, Illinois, Maryland, Vermont, Connecticut, New York, Rhode Island, Massachusetts, Maine, Hawaii and the District of Columbia impose estate taxes. This means residents of these states might face both federal and state estate taxes, depending on the total value of the assets.

    Estate tax thresholds in these states range from $1 million in Oregon to $13.61 million in Connecticut, and tax rates vary. I would recommend that your daughter check her state’s website for specific details on potential estate taxes, Gail.

    Financial management and currency exchange

    Managing a cross-border inheritance often means dealing with multiple currencies. When preparing your estate plan, Gail, you will want to keep in mind some key points that your future executor will come across when distributing your estate to your daughter:

    • Currency exchange rates: Fluctuations in exchange rates can affect the value of the inheritance when converting from Canadian to U.S. dollars. For instance, if the Canadian dollar weakens against the U.S. dollar between the time of inheritance and the time of transfer, the value of the inheritance in U.S. dollars could decrease.
    • Banking and investments: Transferring funds and managing investments across borders may incur extra fees and require dealing with different financial institutions. For example, transferring funds from a Canadian brokerage account to a U.S. account might involve transaction fees, wire fees and foreign exchange fees.

    Cross-border legal challenges

    Handling a will with cross-border implications requires careful legal navigation. Key issues include:

    • Recognition of wills: Canadian wills are generally recognized in the U.S., but differences in probate laws can complicate the process. Legal advice in both countries is often necessary. For instance, if a beneficiary wants to sell an inherited Canadian property, they may need to follow both Canadian and U.S. legal procedures.
    • Asset transfer: Transferring assets like real estate or investments across borders may involve additional legal and regulatory steps. For example, transferring a Canadian investment account to a U.S. beneficiary might require navigating both Canadian banking regulations and U.S. tax reporting requirements.

    Practical steps for cross-border estate planning

    To ensure a smooth transfer of your estate to your U.S. resident daughter, Gail, consider the following practical steps:

    1. Consult with experts: Engage with a cross-border estate planning specialist who understands both Canadian and U.S. tax laws. These professionals have the expertise needed to navigate the complex rules and regulations involved in cross-border inheritances. They can help ensure that your estate plan minimizes taxes, avoids legal pitfalls, and complies with the laws in both countries, making the transfer of your assets as smooth as possible.
    2. Update your will: Make sure your will is current and clearly outlines your wishes. Specify exactly how you want your assets to be distributed, and think about any cross-border issues that might come up. This will help ensure that everything goes according to your plans when the time comes.
    3. Consider trusts: Establishing a trust can be a smart way to manage and transfer your assets. A trust is a legal arrangement where a trustee holds and manages your assets for the benefit of your chosen beneficiaries. By setting up a trust, you can ensure that your estate is managed efficiently, tax-effectively and according to your precise wishes. Consulting with a cross-border estate planning specialist can help you determine the best trust structure for your situation.
    4. Stay informed: Tax laws and regulations can change frequently, impacting how your estate is taxed and managed. To maintain the effectiveness of your estate plan, schedule regular reviews with a cross-border estate planning specialist. This proactive approach ensures that your plan remains up-to-date, legally compliant and optimized for tax efficiency, ultimately protecting your legacy and providing peace of mind.

    How to ensure a smooth transfer of your estate

    As you can see, Gail, cross-border estate planning for Canadian parents with U.S. resident children involves navigating complex tax regulations and potential pitfalls. While your estate may be valued under the federal threshold and might not face U.S. federal estate taxes, there are state taxes and other considerations that could impact its final value. By consulting with experts, updating your will, considering trusts and staying informed, you can ensure a smooth and tax-efficient transfer of your estate to your daughter.

    Debbie Stanley, TEP, MTI

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  • You have to sell a cemetery plot—will you owe capital gains tax? – MoneySense

    You have to sell a cemetery plot—will you owe capital gains tax? – MoneySense

    Many non-financial assets depreciate in value. Cars, furniture and other such assets tend to be worth less over time, and they are generally not subject to capital gains tax. However, there may be exceptions, such as collector cars, jewellery, artwork or antiques. You may have to report a capital gain on the sale of personal-use property that has increased in value.

    To calculate the capital gain—or loss, as the case may be—there are three rules:

    1. If the adjusted cost base (ACB) is less than $1,000, the ACB is considered to be $1,000.
    2. If the sale proceeds are less than $1,000, the proceeds are considered to be $1,000.
    3. If both are less than $1,000, there is nothing to report.

    Capital gains on personal-use property

    As a result of these three rules, personal-use assets are usually a non-issue for taxes. In rare instances where a taxpayer profits, the numbers need to be into the thousands to matter.

    Interestingly, when someone buys a burial plot, they actually buy the right to bury, or inter, someone in the plot. That is, the buyer becomes an “interment rights holder,” but they do not own the land itself. Despite this, the empty cemetery plot has value for someone else who will inherit it or buy it.

    When the deceased passed away, they were deemed to sell all of their assets, Brian. This includes the cemetery plot. So, capital gains tax would be payable on their death for any appreciation in value.

    If you, as executor, sell the plot shortly thereafter, the value will likely be similar. If there’s a profit between the time of their death and the sale of the plot, this could give rise to a capital gain for the estate.

    Selling a cemetery plot as part of an estate

    It bears mentioning, Brian, the cemetery plot may have some restrictions related to its sale. Keep in mind the land is not owned. The owner holds the right to be buried there. And the cemetery may or may not permit the private sale of interment rights.

    Since the plot has a value, it may also be subject to probate or estate administration tax, just like any other asset passing through the estate of the deceased. You should speak to the cemetery, Brian, about the rules around selling the rights to the plot. And consider the tax and probate implications of the individual’s death and the subsequent sale of their vacant cemetery plot.

    Jason Heath, CFP

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  • How executors get paid in Canada – MoneySense

    How executors get paid in Canada – MoneySense

    What is an executor?

    An executor is a person named in your will who will be responsible, after you die, for making sure that your assets are distributed according to your wishes and that your estate is settled properly. This includes a wide range of activities, from filing a final tax return and cancelling your credit cards to giving away your jewellery or collectibles, and selling your home and investments.

    Read the full definition of executor in the MoneySense Glossary.

    How much are executors paid?

    Executor compensation in Canada is not standardized, and the regulations governing it are determined by each province. As a result, there can be considerable differences in the amount and rules for compensation from one province to another. Here is an overview of some key variations: 

    • Ontario employs a system where the executor’s compensation is determined as a percentage of the estate’s total value. The percentage is outlined as 2.5% on capital receipts, 2.5% on capital disbursements, 2.5% on revenue receipts and 2.5% on revenue disbursements. In the end, it works out to be essentially 5% of the estate’s total value.
    • Alberta follows a tiered percentage structure. Executors are entitled to between 3% and 5% on the first $250,000 of the estate’s value; and 2% to 4% on the next $250,000; and then between 0.5% and 3% on the balance.
    • In contrast, Quebec has executor compensation billed by the hour which is typically set at $45 to $65 per hour of work completed during the estate’s administration process.

    The pros and cons of allowing for executor compensation

    As with everything in life, there are good and bad to certain decisions. When contemplating whether or not to take executor compensation, consider the following benefits and pitfalls:

    Pros

    • Incentive to Act: Executor compensation can serve as an incentive for individuals to take on the role of an executor. Settling an estate is a time-consuming and often emotionally challenging task, and compensation can make it more attractive.
    • Financial Recognition: Serving as an executor often entails expenses and a time commitment. Compensation helps recognize and alleviate some of the financial burdens involved, especially if time off work is required of the individual.
    • Fairness: Compensation ensures that executors are fairly rewarded for their efforts, irrespective of the estate’s value. This encourages people to take on the role, regardless of the estate’s size.

    Cons

    • Conflict of interest: Executor compensation can create conflicts of interest. The executor may be motivated to prioritize their own financial gain over the beneficiaries’ interests. This can lead to disputes and litigation.
    • Complexity: The varying rules and regulations across provinces can make executor compensation complex to navigate. Executors may require legal or financial advice to ensure they are adhering to the correct guidelines and calculations.
    • Emotional toll: The focus on compensation may overshadow the emotional toll and responsibilities that come with the role of an executor. It may lead individuals to take on the role primarily for financial gain, rather than out of a sense of duty.

    Does an executor pay tax on the income they earn?

    In Canada, executor’s compensation is generally considered taxable income. This means that the amount received as compensation is subject to income tax. Executors are required to report this income on their personal tax return for the year in which they receive the compensation.

    The income tax rate applied to executor compensation depends on the province or territory in which the executor resides. Different provinces have different tax rates, which can significantly impact the final amount an executor retains after taxes. Additionally, executors who receive compensation must ensure they receive a T4A slip from the estate, indicating the total compensation they’ve received. Think of the estate becoming the employer of the executor, and the payment made to the executor is like a salary for the work they have done.

    Requirements and compliance for executors

    Executors must maintain accurate records of all financial transactions related to the estate, including the compensation they receive. These records should be kept for a specific period, as beneficiaries and even tax authorities may request them for verification. Estate accounting statements are the financial story of the estate’s administration and the most powerful tool in the executor’s arsenal when making a claim for compensation. While there’s not a mandatory requirement to formally pass accounts through the court, it is still a legal duty of the executor to maintain and record the financial transactions of the estate and provide them to the beneficiaries of the estate.

    What do professional executors do?

    When we consider that most executors do not have previous experience in administering an estate, the pains and troubles could be quite severe for someone in the role for the first time. In a poll conducted by Bank of Montreal in 2011, executors reported difficulties with the following categories:

    1. Administrative issues/complications (47%)
    2. Emotional issues/complications (31%)
    3. Legal issues/complications (26%)

    It’s reasonable to think that these categories and issues have not changed much over the course of the last 13 years, bringing the importance of working with professionals even more to the forefront. Whether it’s deciphering the varying provincial rules, navigating the complexities of taxation or ensuring compliance with legal requirements, professional guidance can provide clarity and peace of mind.

    Executors who seek the assistance of legal, financial or tax professionals can make informed decisions, reduce the risk of errors and ensure that they fulfill their duties with precision and integrity. By doing so, they not only protect their interests but also safeguard the interests of the estate beneficiaries, ultimately upholding the deceased’s wishes with diligence and transparency.

    Debbie Stanley, TEP, MTI

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  • How much is capital gains tax in Canada?—and other questions answered – MoneySense

    How much is capital gains tax in Canada?—and other questions answered – MoneySense

    If you are going to sell next year, it is worth paying $833 of tax a year earlier? Think of it like debt. Imagine you can buy a refrigerator and you can pay $2,500 today or you can pay $3,333 in a year. Paying in a year costs you 33.33% more. That is a pretty high financing charge. 

    What about paying that $3,333 in five years? That would be like paying 5.9% interest. Not bad, right? But, because you are paying the so-called “interest” with after-tax dollars, I would say you want a lower interest rate than 5.9% to make it worth it. In other words, if your investments are only earning 5% to 6% per year pre-tax (less after tax), it may not be worth it to effectively pay 5.9% more annually. 

    For most investors earning a reasonable, mid-single-digit return, you might need to hold an asset for closer to 10 years to end up coming out ahead. 

    I am not suggesting you sell everything you expect to sell in the next 10 years before June 25. The budget proposals could be changed before enacted. A new government could change the rules again. You may have personal circumstances that make things different for you. 

    The point here is that if someone is very likely to sell an asset in the next few years that will be subject to the higher inclusion rate, there may be an advantage to doing so before June 25. And, that would generally apply to corporations. For individuals, only assets that would lead to more than $250,000 of tax in a single year.

    Ask MoneySense

    My wife and I own a cottage that will eventually be passed on to our children and at that point it will be a deemed disposition. My question is: Can the capital gain of, say, $600,000 be split up between both of us, each getting $250,000 at 50% and the remaining $100,000 at 67%?

    –Ian

    Can you split capital gains between spouses in Canada?

    When you die, you have a deemed disposition of assets. That would include a cottage. Although a cottage can qualify for the principal residence exemption, I will assume, Ian, you have a home where you live for which you would instead claim this exemption. 

    You can leave a cottage to your spouse and have it pass to them at its adjusted cost base without triggering tax. But you have the option of having the transfer value at any price between the cost base and the fair market value. If anyone other than your spouse inherits, there is capital gains tax payable. 

    This creates an interesting situation with these new changes. If a taxpayer dies and leaves a cottage to their spouse with a capital gain of more than $250,000, there may be situations where you want to declare a partial capital gain on the first death. If the surviving spouse is older, this may be more worth considering. If they are younger, it can be a tougher decision to make to prepay tax that could otherwise be paid many years in the future. 

    Jason Heath, CFP

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  • Should you buy life insurance to pay for tax owed upon death? – MoneySense

    Should you buy life insurance to pay for tax owed upon death? – MoneySense

    Capital gains tax, Nazim, might apply to some of your assets. If you own non-registered stocks or a rental property, for example, they might be subject to a capital gain on your death. Your home would likely be sheltered by the principal residence exemption. A tax-free savings account (TFSA) is tax free, whereas a registered retirement savings plan (RRSP) is not subject to capital gains tax, but is subject to regular income tax. Your RRSP, unless left to a spouse, is generally fully taxable on top of your other income in the year of your death.

    The tax is payable by your estate, so although it reduces the inheritance left to your beneficiaries, it’s not payable directly by them. It can be paid with the assets that make up your estate.

    Hard versus soft assets

    You mention that your estate is made up of hard and soft assets, Nazim. I assume by hard assets you mean real estate. And by soft assets you mean cash, stocks, bonds, mutual funds and/or exchange-traded funds (ETFs).

    Your soft assets can be very liquid and used to pay the tax that your estate owes. That tax is not due until April 30 of the year following when your executor files your final tax return. If you die between November 1 and December 31, there is an extension to six months after your death for your executor to file your tax return and pay the tax owing. So, there’s always at least six months to come up with the funds required to pay income tax on death, and there’s more than six months when a death occurs between January 1 and October 31.

    Since soft assets are considered sold upon death, there is generally no advantage for your beneficiaries to keep those assets rather than turn them into cash or into other investments of their choosing.

    Your hard assets, Nazim, are obviously less liquid. If there is a special property, like a family cottage or a rental property, they choose to keep, I can appreciate how you might want to make sure they can do that without being forced to sell.

    Should you buy insurance to cover tax owed upon death?

    Your cash and investments may provide sufficient funds to pay taxes owed upon death. Or your beneficiaries may choose to sell one or more of your real estate properties. You could buy life insurance to pay the tax, but I find this strategy is oversold or misunderstood. I will explain with an example.

    Let’s say you are 62 years old, and your life expectancy is another 25 years, based on your current health. If you buy a life insurance policy that requires a level premium of $5,000 per year for life, and you pay that premium for 25 years, you will have paid $125,000 to the insurance company. If you instead invested the same amount each year at a 4% after-tax rate of return, you would have accumulated $216,559 after 25 years.

    Jason Heath, CFP

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  • Dating dilemma: When to talk about finances – MoneySense

    Dating dilemma: When to talk about finances – MoneySense

    There’s often a stigma around discussing money, but I’ve found it really helpful to have these conversations early and often. My husband and I have monthly budget review chats, and we’re constantly discussing our financial goals and how we can achieve them. Money has never been a taboo topic for us, and we discussed our debt loads, salaries, savings and attitudes towards money shortly after we started dating. It’s a trend that’s continued into our marriage, although now the topics of conversation are things like life insurance, registered education savings plans (RESPs) for our kids, wills and estate planning, and retirement, instead of whether we can afford that weekend trip to NYC.

    I love that money is an easy topic of conversation for us. I didn’t choose my life partner based on his financial footing, but in an increasingly challenging economic climate, financial health may be as important as looks, personality and intelligence when it comes to what people look for in a love interest. (See, for example, the short-lived new dating app exclusively for singles with good to excellent credit.) There’s a hitch, though: many Canadians find it incredibly hard to talk about money with a romantic partner.

    The most difficult topics for Canadian couples

    My husband and I are the co-founders of Willful, an online will platform. We were curious to know how comfortable Canadians are with discussing taboo topics, so, together with the Canada Will Registry, we commissioned an Angus Reid study to find out. It revealed that other than trauma, money is the hardest thing to talk about with a partner for the first time, followed closely by sex and death. This has led to Canadians delaying the discussion. The study, which polled over 1,500 Canadians, found that of the 77% who are in relationships, one-third (33%) didn’t start discussing finances with their partner until after a year of dating. Another 7% said they’ve never discussed their finances with a partner at all, and one-third have never talked about end-of-life planning.

    Avoiding money talk? You’re likely missing key financial details

    Over a third of survey respondents (39%) said they felt or will feel nervous discussing finances with their significant other for the first time. In addition, many respondents said they wouldn’t know how to access key documents and information in the event of an emergency. Over half of those in relationships say they don’t have a will, and even fewer know where their partner’s will is stored.

    This wasn’t surprising to us at Willful—we hear stories daily about people dealing with a loved one’s estate and trying to find key information like passwords to accounts, legal documents like wills, life insurance documents and other key info. In fact, that’s what inspired my husband and I to start Willful. His uncle passed away without having his end-of-life plans organized, and he was the sole breadwinner in the family. We saw first-hand how difficult it is to honour someone’s legacy while trying to find information and end-of-life wishes. That’s why we’re passionate about ensuring that Canadians are now having the important but tough conversations that will save their loved ones burden and conflict down the road.

    4 money moves to make as a couple

    So how do you get more comfortable talking about money with your partner? MoneySense’s articles about money and relationships (see links below) share these strategies:

    • Discussing finances early and often
    • Being upfront about key information like debt load, credit scores and savings
    • Setting a “money date” so you can get into a money mindset at a set date and time
    • Considering combining your finances through joint accounts and other tactics in order to have a shared financial picture and shared goals

    Whether you’re in a new relationship or already married, discussing money with your partner can set the stage for your shared financial success—and help you avoid conflicts over money—in the future.

    Read more about money and relationships:

    This article was created by a MoneySense content partner.

    This is not advertising nor an advertorial. This is an unpaid article that contains useful and relevant information. It was written by a content partner based on its expertise and edited by MoneySense.



    About Erin Bury


    About Erin Bury

    Erin is the CEO at Willful, a company that makes it easy to create a will online in less than 20 minutes. Willful has helped Canadians create over 300,000 documents since 2017.

    Erin Bury

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