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Home Banking & Finance

‘Tis the season for generational gifting

Georgette Gouveia by Georgette Gouveia
December 30, 2024
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Not all the gifts this season will be wrapped up in packages. Some will be generational gifting, elder law attorney Lauren C. Enea said. Photograph by Alfredo Lopez | Dreamstime.com

The holiday season is a time for family togetherness, gratitude and giving, making it the perfect opportunity to consider generational gifting as an estate planning strategy. Elder law attorney Lauren C. Enea, partner at Enea, Scanlan & Sirignano LLP in White Plains and Somers stressed that generational gifting can not only spread holiday cheer but also provide long-term financial benefits for loved ones.

“Generational gifting is about more than simply giving during your lifetime – it’s about creating a legacy,” said  Enea, who focuses her practice on wills, trusts and estates; Medicaid planning; special needs planning; and probate/estate administration. “Whether through outright gifts, trust planning or covering educational or medical expenses, gifting allows you to provide meaningful financial support to family members while also potentially reducing your taxable estate.”

With the federal estate and gift tax credit set at $13.61 million per individual in 2024, many families are taking advantage of the current law before it sunsets on Dec. 31 of next year. If congressional action isn’t taken, the exemption is expected to decrease by approximately 50%. Generational gifting also includes annual tax-free giving, with individuals able to gift up to $18,000 per recipient ($36,000 for couples) in 2024 without affecting their lifetime exemption.

Enea also highlighted the importance of strategic planning when deciding how and when to gift: “Creating a trust allows you to maintain some control over how the gifted assets are used while ensuring they benefit your loved ones in accordance with your intentions. It’s an especially prudent approach when gifting to younger or less financially experienced family members.”

Generational gifting is not only a way to share wealth, but also an opportunity to strengthen family bonds and prepare heirs for the responsibility of managing assets, she said. Whether assisting with grandchildren’s tuition, contributing to the purchase of a first home or securing a family heirloom for the next generation, the act of gifting during your lifetime provides both immediate joy and long-term benefits.

“By incorporating gifting into your estate plan, you’re not just addressing taxes or asset preservation – you’re creating moments of significance for your family and ensuring that your wishes are honored,” added Enea. “The holidays are a wonderful time to consider how thoughtful planning can benefit your loved ones today and for years to come.”

For those looking to explore generational gifting, consulting an experienced elder law attorney is crucial, she said. An attorney can help navigate the complexities of federal and New York tax laws and develop a personalized plan that aligns with an individual’s financial goals and family dynamics.

Enea, Scanlan & Sirignano LLP is at 245 Main St. in White Plains, with additional offices in Somers. For more, call 914-948-1500 or visit www.esslawfirm.com.

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