Leonard family
Their four bullets vs our eighteen personalized strategies
From Vanilla's report · 4 bullets
Change of Life Circumstances. “Documents in this estate plan appear to have been drafted prior to a significant life event. It may be advisable to consult an attorney.” — Beneficiary Designations. “It's generally recommended that beneficiary designations for retirement assets and life insurance policies be reviewed regularly.” — Anticipated Changes in Tax Law. “Many legal experts anticipate changes to federal estate tax laws in the near future. Such changes may make it necessary for estates as small as $5M to plan.” — Trust Funding. “Trusts in this estate plan are intended to hold some or all of the Grantor(s)' assets. The Grantor(s) should periodically review their assets to ensure they're properly titled.” — Plus: a noted document typo.
Rivalta Estate & Trust recommendation s
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WA-Specific Disclaimer/Bypass Trust Restatement (Replace Portability-Reliant Formula)
Restate both existing revocable living trusts ($2.282M and $5.345M) to replace the current marital-deduction-plus-portability formula with a Washington-specific bypass (credit shelter) or disclaimer trust. Washington does not recognize portability of its state exclusion (~$2.193M, indexed) — funding the marital share fully at the first death wastes that exclusion and exposes the full combined estate to WA estate tax at the second death. Build in a Clayton/disclaimer election so the survivor can right-size bypass funding after weighing the community-property basis trade-off.
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ILIT Modernization and Fiduciary Governance Foundation (Newly Elevated Prerequisite)
Peer review elevated the existing $8.5M ILIT's integrity to a foundational, sequence-first priority. Both the Trust and Fiduciary specialists independently flagged that a Crummey-notice or incidents-of-ownership defect could pull the $8.5M death benefit back into the gross estate — spiking the estate to roughly $21.3M and generating an estimated $2.5M in combined federal and WA estate tax. Fiduciary recommends a Nonjudicial Settlement Agreement review; Trust recommends decanting or restating the ILIT into a dynasty-provision trust with a directed trustee and a Crummey-compliance overhaul.
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Appoint Corporate and Individual Co-Trustees Using a South Dakota Directed Trust Framework
Pair a corporate trustee with an individual family co-trustee across all significant testamentary and irrevocable trusts. With trust situs moving to South Dakota, use SD's directed-trust statute: a family member or LLC manager holds the “Investment Direction Advisor” role with exclusive authority over the four LLCs (and any recapitalized FLP interests), while an SD-chartered corporate administrative trustee handles distributions, tax filings, and recordkeeping — with statutory exoneration for directed investment decisions. The same architecture governs the new Dynasty Trust and the IDGT receiving the installment-sale units.
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Optimize Trust Situs to South Dakota
Amend the existing revocable living trusts (~$7.6M combined) and the ILIT ($8.5M) to formally establish situs in South Dakota — an SD-based administrative/directed trustee, SD governing law — creating the legal platform for the dynasty-trust, directed-trust, and trust-protector structures recommended elsewhere in this plan.
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Standing Annual Exclusion Gifting Program with Gift-Splitting and Direct Tuition/Medical Payments
Implement a standing annual gifting program to the three children and one grandchild at the 2026 annual exclusion of $19,000 per donee, doubled to $38,000 through gift-splitting under IRC §2513. With four donees, the family transfers $152,000/year without touching lifetime exemption — over 30 years, $4,560,000 of principal plus all post-transfer appreciation leaves the WA taxable estate. Layer in unlimited direct tuition/medical payments under IRC §2503(e), paid directly to the provider, which consume neither annual exclusion nor lifetime exemption.
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Targeted Lifetime Exemption Gifts Channeled Through a SLAT to Remove Appreciation and Preempt WA Estate Tax
Use a portion of the remaining $14,715,000 lifetime exemption now to move appreciating assets out of the WA taxable estate — delivered through a differentiated SLAT pair rather than as outright gifts. Target $4,000,000–$8,000,000 of appreciating assets: a completed gift uses exemption but produces no current federal gift tax while removing all post-transfer growth from both federal and WA taxable estates. Retained spousal access through the SLAT preserves indirect availability of the funds.
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Family LLC/FLP Restructuring with Section 2036 Remediation
Consolidate the four existing single-member LLCs ($200K/$1M/$1M/$1M) into a properly capitalized family limited partnership or manager-managed family LLC, with the client retaining a 1–2% GP/manager interest and non-voting interests held for eventual transfer to the three children and future trusts. Independent appraisal supports a combined minority-interest and marketability discount in the 25–35% range on the transferred interests. The Transfer specialist independently modeled the identical 30% discount and $960K impact — a strong cross-validation — and the assumption stays below the >40% higher-scrutiny threshold.
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Charitable and Family Gifting Sequence Optimization
The $2M charitable bequest to the Leonard Family Foundation and the family gifting program compete for the same asset pool. Lifetime family gifts are not income-tax deductible and carry over basis, while a testamentary charitable transfer yields a full WA estate-tax deduction. Peer review reaffirmed the sequencing and added GST coordination: intentional GST exemption allocation to dynasty-style transfers for the grandchild line, with a Dynasty Trust funded with discounted LLC interests as the GST-leveraged vehicle.