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When you create your estate plan, you typically do not worry about your adult children leaving their inheritance to a cult. Yet that’s exactly what 40-year-old Clare Bronfman, heiress to the multi-billion-dollar Seagram’s fortune, did with hers.
In the end, her inheritance and the power that came with it, Bronfman was led down a dark path that ultimately resulted in her guilty plea to felony charges that stem from her role as an executive board member of cult that was lead by Keith Raniere. Raniere was found guilty on seven felony counts, including racketeering and sex tracking. His conviction comes following a six-week trial that exposed the world to the cult's inner workings and put wealth’s dark side on full display.
As you can see, it can be dangerous to leave wealth to your children outright. Indeed, bestowing significant wealth upon your children or grandchildren can turn out to be a blessing—or it can just as easily be a curse.
Fortunately, there are proactive estate planning solutions designed to safeguard your adult children from such scenarios. And these planning protections aren’t just for the extraordinarily rich, inheriting even relatively modest amounts of wealth can lead to similar issues.
Indeed, the planning strategies we describe here can safeguard your child’s inheritance from divorce, a catastrophic medical expense, or even a simple accident. You just never know what life has in store for your heirs, and our planning protections can ensure their inheritance is protected from practically all potential threats—even those you could never possibly imagine.
Clare joined the cult Nxivm, which was billed as a life-coaching program, in 2002 at age 23 in hopes that its mentoring might help her fulfill her dream of making the U.S. Olympic equestrian team. She made substantial financial contributions that allowed her to rise quickly to the top ranks of the organization and became increasingly close with its founder.
The cult founder emotionally manipulated Clare and constantly reminded her that her fortune was made selling alcohol on the U.S.-Canada border during Prohibition. Clare viewed her financial support as a way to make up for her family's past ultimately investing approximately $150 Million into cult investment schemes. She also used her inheritance suing the cult's critics reportedly hiring nearly 60 lawyers. Clare spent approximately $50 million of her inheritance on lawsuits against critics of the cult and its founder.
While we don’t know the exact age Clare came into her money or just how much of it she had access to, her total inheritance was valued at an estimated $200 million. The inheritance was reportedly held in a trust, but given that she funneled roughly three-fourths of that sum into the cult in just more than 15 years, it’s likely her money was disbursed outright with little or no direction on how it could be used.
Though her case is extreme, Clare is certainly not the first wealthy person to be negatively impacted by inheriting too much money at a young age—nor will she be the last. Similar cases occur quite often, and no matter how well adjusted your children or grandchildren may seem, there’s just no way to accurately predict how their inheritance will affect them.
One unique planning vehicle designed to prevent the potential perils of outright distributions is a Lifetime Asset Protection Trust (LAPT). These trusts last for the lifetime of their respective beneficiaries, and provide them with a unique and priceless gift. With an LAPT, for instance, the beneficiary can use and invest the trust assets, yet at the same time, the trust offers airtight asset protection from unexpected life events, such as divorce or serious debt, which have the potential to wipe out their inheritance.
When drafted properly, an LAPT can be used to educate your beneficiary on how to handle their inheritance. This is done by allowing the beneficiary to become a co-trustee with someone you’ve named at a specific age or stage of life, and then the beneficiary can become the sole trustee later in life, once he or she has been properly educated and is ready to take over.
The LAPT is discretionary, which means that the trust would not only protect your heir from outside threats, like creditors and ex-spouses, but also from their own mistakes. The trustee you name holds the trust’s assets upon your death. This gives the person you choose the power to distribute its assets to the beneficiary at their discretion, rather than requiring him or her to release the assets in more structured ways, such as in staggered distributions at certain ages.
Some clients choose to provide non-binding guidelines directing the trustee on how the client would choose to make distributions in up to 10 different scenarios, such as for the purchase of a home, a wedding, the start of a business, and/or travel. Some of these clients also choose to provide guidelines around how they would make investment decisions, as well.
This ensures that future trustees will be aware of your values when determining whether to make distributions, as well as how to invest trust assets, rather than operating in a vacuum of information, which often leads to problems down the road. In many cases, the beneficiary may eventually become the trustee him or herself, and then resign and appoint an independent trustee, if needed, for asset-protection purposes.
You might think that something as depraved as what happened to Clare Bronfman would never happen to your children or grandchildren—but don’t be so sure. It can, and does, happen to even the most successful and upstanding among us. Having too much money at a young age is a Pandora’s Box, so it’s best not to open it.
Yet even if your heirs never experience a threat as evil as a cult leader, their inheritance is still vulnerable to more common threats like divorce, poor spending, and sudden accident or illness.
If you want to discuss LAPT, trusts and your estate plan, please feel free to contact me!
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