SESSION 8 Outline - Specific Topics - Estate Planning Basics Series

Sep 19, 2026

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Session 8 focuses on estate planning for particular assets requiring specialized handling, building on prior coverage of lifetime and death property transfers and incapacity planning. It explains qualified benefits, retirement benefits taxation, and trust-based strategies to preserve optimal income tax results. The session also addresses business succession planning using S corporations, QSST and ESBT structures, and buy-sell agreements, followed by real estate considerations affecting a surviving spouse and high-net-worth issues such as charitable gifting and estate tax payment under illiquidity.

LanguageEnglish

CategoryPresentations

FormatPDF

Pages50

Reading Time18 min

AccessFree to download

Introduction

Qualified Benefits (Retirement Benefits)

Business Interests

Real Estate

High Net Worth Estate Planning

SESSION 8 Outline-Specific Topics Estate Planning Basics Series Elizabeth Q. Boehmcke Teresa Bush Dierdre R. Wheatley-Liss April 30, 2026 Contact Address 202 N. Harbor City Blvd., Suite 200 Melbourne, FL 32935 Phone & Fax Phone: (321) 252–0100 Online [info@interactivelegal.com](info@interactivelegal.com)[ ](info@interactivelegal.com)[www.InterActiveLegal.com](www.InterActiveLegal.com) Table of Contents Introduction .................................................................................................................................2 Qualified Benefits (Retirement Benefits) .......................................................................................2 Business Interests .....................................................................................................................23 Real Estate ................................................................................................................................34 High Net Worth Estate Planning ..................................................................................................39 Introduction 1. In previous sessions, you have learned about different ways to transfer property – during lifetime and at death and how to manage a client's potential future incapacity. You have learned how to create and fund revocable trusts, how to plan for married couples and descendants. In this session, we will focus on particular assets which need special planning for one reason or another. 2. We will discuss retirement benefits-how they are taxed and how to draft a plan to keep retirement assets in trust if desired, and obtain the best income tax results. 3. We will discuss S Corporations and how to plan for them, including Qualified Subschapter S Trusts (“QSST”’s) and Electing Small Business Trusts (“ESBT”s) . We will also discuss buy-sell agreements and how they are used in planning for business succession. 4. We will discuss real estate issues which may affect a surviving spouse, including homestead protections. We will discuss life estates and real property held by a trust. 5. Finally, we will discuss some additional issues which confront high net worth clients. While these issues cannot be discussed in depth, we touch on ways to reduce the estate, including charitable gifting, and how to pay the estate tax in the event of illiquidity. Qualified Benefits (Retirement Benefits) 1. What do we mean by “qualified benefits”? a. Qualified benefits as used in this outline include any trust, contract, plan, benefit, account, annuity, or bond which arises out of an employer-employee relationship (or in the case of a self-employed person, is deemed or treated as if arising out of an employeremployee relationship), whether non-qualified, qualified under Code Sec. 401, an individual retirement arrangement under Code Secs. 408 or 408A, a tax-sheltered annuity under Code Sec. 403 or any other benefit subject to the distribution rules of Code Sec. 401(a)(9), as well as deferred compensation under any employment, consulting, or director’s contract and other benefits normally considered as employee benefits. b. Qualified benefits include all common retirement assets you are most likely to see – 401k, 401k Roth, traditional IRAs, Roth IRAs, 403b plans, and deferred compensation plans. c. This outline will concentrate on defined contribution plans. Defined benefit plans are subject to different rules and will not be discussed in this session. Natalie Choate’s online book,“Life and Death Planning for Retirement Benefits” is considered by most to be the most comprehensive book about defined contribution plans and planning. The website is [https://retirementbenefitsplanning.us](https://retirementbenefitsplanning.us. We)[. We](https://retirementbenefitsplanning.us. We) recommend the online book to anyone interested in learning more about planning for retirement benefits. d. This outline will touch briefly on R

FAQs

What is the purpose of Session 8 in the Estate Planning Basics Series?

Session 8 concentrates on particular assets needing special planning, including retirement benefits, business interests, real estate issues, and high-net-worth considerations.

What qualifies as “qualified benefits” in this outline?

Qualified benefits include trusts, contracts, plans, benefits, accounts, annuities, or bonds arising from an employer-employee relationship, including arrangements under relevant Internal Revenue Code sections and typical employee-benefit forms.

How does the outline describe retirement benefits taxation and distributions?

It explains tax advantages for traditional and Roth accounts, and notes required minimum distributions during the participant/employee’s lifetime plus different post-death distribution rules based on age and beneficiary identity.

Sep 19, 2026

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