Many people count on life insurance to pay their estate tax when they pass away (allowing their heirs to keep non-liquid assets such as real estate without having to sell immediately), and this has always been a fairly safe and reliable strategy—as long as you’re keeping track of your policy. Arden Dale’s article in the Wall Street Journal warns that current low interest rates are wreaking havoc on some insurance policies, leaving the owners without that safety net when the time comes to pay estate taxes.

“The policies are imploding because of low interest rates. An insurance plan issued years ago, when interest rates were higher, may no longer be earning the investment returns it needs to pay premiums as drafted. That shortfall leaves the owner on the hook for unexpected costs.

“If the worst happens and a policy collapses, its demise can even result in a big tax bill.”

If you aren’t sure of the status of your insurance policy talk to your financial planner or insurance representative to find out, then be sure to call your estate planning attorney to update your estate plan as needed to protect your heirs and family from the burden of unexpected estate taxes.

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E-mail, blog, iTunes, social networking, online photo albums… more and more of our lives and our businesses are moving online, but what happens to that online life when you pass away? Will your accounts languish, becoming an easy mark for hackers? Eventually be deleted? Perhaps they’ll be passed to your spouse after petitioning the court for access, but will your spouse know what to do with all of them?

The internet is no longer merely where you go for personal e-mail and the occasional online shopping trip—many businesses now exist almost exclusively online, as do reputations and friendships. What tech-savvy people need is a way to dispose of all of their online assets when they pass away, an online will, if you will. Now there is a company that offers this kind of service: Legacy Locker.

Legacy Locker describes itself as “a safe, secure repository for your digital property that lets you grant access to online assets for friends and loved ones in the event of death or disability.” It allows you to upload login information for all of your various online assets and assign those assets to different friends, loved ones, or trusted agents. Upon your death, Legacy Locker will send the ownership information, along with your own final letter or instructions, to the people you have “nominated”. This means you can assign assets to the appropriate people: your personal e-mail to your spouse, your iTunes account to your daughter, your business e-mail and blog to your business partner.

Of course there are drawbacks; the Legacy Locker needs to live as long as you do to be effective, and you’ll need assurances that it is safe and “hack-free”, but this is obviously an idea whose time has come, because our online lives are becoming as rich as our physical lives, and will soon (if not already) need just as much protection.

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There are many estate planning techniques available to a family that wants to protect assets to pass on to the children or grandchildren; options that extend far beyond a simple will, and even beyond a basic living trust. Two of these effective but lesser-known techniques are the Grantor Retained Annuity Trust (GRAT) and the Family Limited Partnership (FLP). Although both of these are trusted and respected protection strategies among estate planning attorneys, the White House is hoping (if Congress agrees) to place restrictions on the extent to which the GRAT and FLP can protect an estate from being taxed.

The proposed restrictions seem relatively minor, but could have a significant financial impact, as this article in the Wall Street Journal explains, including a proposed “minimum term of 10 years for GRATs,” allowing assets to then convert back to the grantor’s estate and be subject to estate tax; and the proposed restriction to FLPs which “aims to limit the ability of wealthy families to use partnership structures to minimize the valuation of assets for estate-tax purposes.”

What does this mean for our readers? If you have assets that you expect to pass on to your heirs come in and see us right away. We can plan now to limit the impact these restrictions would have on your family and your assets if and when they are passed into law.

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The Wall Street Journal says that family limited partnerships are finding renewed favor as an estate planning tool, thanks to recent tax-court decisions.

In an article entitled “Covering Your Assets” Journal writer Mark Klimek asserts that despite some IRS opposition, tax court rulings in recent years have endorsed the use of FLPs when they are used to preserve a family business for future generations.

“Setting up such a partnership could be especially useful right now for families with businesses,” according to the article. “The Obama budget calls for the estate tax to be restored next year at a rate of 45 percent for estates worth more than $3.5 million, or $7 million for couples. Income-tax increases for high earners are on the agenda as well.”

The article goes on to describe many of the dos and don’ts of FLPs, but of course each family’s situation is special, and you should consult an estate planning attorney before making decisions about any specific strategy.

In any case, the time to act is now. According to one expert quoted in the Journal article, “There’s a realization that any kind of estate planning you can do this year is good, because 2009 will probably end up being the most favorable year for taxes ever.”

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If you have a significant estate to leave to your heirs—but you are still alive and well—to whom does that significant estate belong, you or them? This seem a silly question, of course the property belongs to you, but many adult children have come to count on the property their parents will leave them, and—rightly or wrongly—to feel a sense of ownership over it. As potential beneficiaries, do your heirs have the right to be informed ahead of time of your plans for your own estate?

David Cay Johnston, in his article Learning to Share, suggests that although parents have no responsibility to inform their children of their plans, not talking to your kids about your estate plan is a surefire way to foster hurt feelings and interfamily fights after you pass away. Sharing your plans for your wealth may not always be easy, but even the most ardent supporters of the privacy of the would-be decedent will have to agree with the logic of Johnston’s argument.

Our office understands that every family and situation will be different, and some parents will have good reasons for keeping their plans under wraps. But in many circumstances, whether your intention with your estate plan is to ease the way for your heirs or merely to ensure that your wishes are carried out to the letter, open communication with your children or potential heirs is the best way to support the accomplishment of those goals.

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When we talk to clients about “the estate” they will pass on to their heirs, that estate includes a number of components: home, life insurance, bank accounts, investment accounts, secondary properties, and IRAs or other retirement assets. Many people consider their IRA the least of the assets in their estate, because they intend to spend down the IRA before they die, leaving nothing (or almost nothing) to pass on to heirs. But should you die before that IRA is spent down it can end up being a significant inheritance over time, provided you—and your heirs—play your cards right.

According to this article by Dan Caplinger, one of the biggest mistakes you can make is to not designate a beneficiary for your IRA, “based on how the tax laws treat IRA money that goes through your estate, your heirs may miss out on a tax break that could save them thousands of dollars over their lifetimes.” Caplinger’s article continues to explain what he thinks is the best way to designate a beneficiary for your IRA, and how the beneficiaries can spread out distributions over time to make the most out of their inherited investment.

Of course, at our firm we know that every situation is unique, and there may be times when perhaps it will be more beneficial to your purpose to distribute your IRA to your heirs through your trust. We always recommend asking your trusted estate planner, financial advisor, or both before making changes that will affect the distribution of any part of your estate.

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