PRESENTATION TITLE (EDIT IN SLIDE M ASTER)
Wealth Management for a Brave New World:
1
It’s All in the Family, What’s a Family? October 8, 2019
CENTRAL NEW YORK COM M UNITY FOUNDATION
Blended, Multi-Generational Family
//
Wife 1
Son
Son
Husband
Daughter
Wife II
Daughter
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Son
2
Blended, Multi-Generational Family
Wife I Traditionalist
Son Gen X
//
Son Gen X
Husband Traditionalist
Daughter Gen X
Wife II Boomer
Daughter Millennial
Son Millennial
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Generalizations About Generations
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Generational Assignments And Attributes APPROXIMATE BIRTH YEARS
Lost Generation
1883 - 1900
G. I. Generation
1900 - 1926
Traditionalists Silent Generation
1927 - 1945
Boomer Generation
1946- 1964
Generation X
1965 - 1981
Millennial Generation
1982 - 2002
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Traditionalists - The Adaptive Generation
Defining Question: Where Were You on D-Day?
Technology Question: When Did Your Family Get a Radio?
Grew Up During Depression, Many in Multi-Generational Households
Parental Model – Breadwinner & Bread Baker
Children Obey Adults
Personal Responsibility and SelfSacrifice Undergird Modesty
Character Traits:
→
Dutiful
→
Frugal
→
Committed (Marriage, Employment)
→
Respectful (Authority, Institutions, Government) Accelerated Adulthood
→
→
Strong Work Ethic
→
Delayed Gratification
→
Decision Making: Command and Control
→
89% Religiously Affiliated
→
6% Have Tattoos
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Boomers - The Idealistic Generation
Defining Question: Where Were You When President Kennedy Was Shot?
Technology Question: When Did Your Family Get Its First Television?
Grew Up in Two-Generation Households (for first time)
Parental Model – Breadwinner & Bread Server
Children Accommodated Adults
Competence and Expertise Before Self-Esteem
Character Traits:
→
Optimistic – Hard Work & Loyalty Lead to Personal Gratification
→
Competitive (We Choose Sides)
→
Rejected then Embraced Authority
→
Adulthood Leads to the American Dream
→
Live to Work
→
Decision Making: Consensus
→
83% Religiously Affiliated
→
15% Have Tattoos
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Gen X - The Reactive Generation
Defining Question: How Old Were You When Your Parents Got Divorced?
Technology Question: When Did Your Family Get Its First Computer?
More Likely to Grow Up in a Divorced Household
Parental Model – Breadwinner & Breadwinner (Latch-Key Kids)
Children Teach Adults
Self-Reliance and Validation Lead to Self-Esteem (and Entitlement)
Character Traits:
→
Skeptical (Marriage, Corporations, Government)
→
Work/Life Balance is Very Important
→
Private
→
→
Suspicious of Authority
Decision Making: Pragmatic, Independent, Impatient
→
Adulthood Will be Less Prosperous than Parents’
→
77% Religiously Affiliated
→
32% Have Tattoos
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Millennials - The Civic Generation
Defining Question: Where Were You on 9/11?
Technology Question: How Old Were You When You Got Your First iPhone?
Grew Up in Diverse Households
Parental Model – Breadwinner & Breadwinner
Adults Accommodate and Consult Children
Self-Esteem Precedes Competence
→
Optimistic
→
Collaborative, Tolerant
→
Technologically Savvy, Multitasking
→
Socially Responsible, MultiCultural
→
Delayed Adulthood
Character Traits:
→
Work to Live…But Seek Responsibility and Recognition
→
Decision Making: NetEducated, Networked
→
Largest and Most Racially Diverse U.S. Generation
→
65% Religiously Affiliated
→
38% Have Tattoos
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U.S. Life Expectancy 1900 - 2018
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Family Demographics
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Trends In The Prevalence Of Households By Type 0.9 0.8 0.7 0.6
Married Households
0.5
Non-Family Households
0.4
Other Family Households
0.3 0.2 0.1
0 1940
1947
1955
1960
1965
1970
1975
1980
1985
1990
1995
2000
2005
2010
2015
Source: U. S. Census Bureau, Decennial Census, 1960, and Current Population Survey, Annual Social and Economic Supplements, 1968 to 2015
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Unmarried Couples of the Opposite Sex 9 8
Couples – In Millions
7 6 5
Without Children
4
With Children 3 2 1 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Source: U.S. Census Bureau, Current Population Survey, Annual Social And Economic Supplements 1996-2015. NOTE: Prior to 2007, unmarried partners were counted only if one of the partners was the householder.
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13
Median Age at First Marriage: 1890 to Present Age in Years
35 30 25
Men
Women
20 15
Men (Years) Women (Years)
10 5 0
Source: U. S. Census Bureau, Decennial Censuses, 1890 to 1940, and Current Population Survey, Annual Social and Economic Supplements, 1947 to 2015.
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Inter-marriage Rates Percent of Marriages Involving Spouses of a different race/ethnicity from each other
18.00% 16.00% 14.00%
12.00% 10.00% 8.00% 6.00%
Newly Married Currently Married
4.00% 2.00% 0.00%
Source: Pew Research Center analysis of 2008-2013 American Community Survey and 1980-2000 census data (IPUMS).
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Changing Marital Paradigm
Old Marital Paradigm: Marriage = Cornerstone**
Courtship
Marriage
Cohabitation
Children
Financial Security
Financial Security
Children
Marriage
New Marital Paradigm: Marriage = Capstone**
Courtship
Cohabitation
*40% of children are born outside marriage. National Vital Statistics Report 2012 Martin, J.A., Hamilton, D.E. Osterman, M.J.K., Curtin, S.C. & Mathews, T.J. (2013) **”Knot Yet: The Benefits and Costs of Delayed Marriage in America” © 2013 The National Marriage Project at The University of Virginia
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Changing Views of Marriage The Freedom to marry has long been recognized as one of the vital rights essential to the orderly pursuit of happiness by free men. Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…1
Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations. The centrality of marriage to the human condition makes it unsurprising that the institution as existed for millennia and a cross civilizations. Since the dawn of history, marriage has transformed strangers into relatives, binding families and societies together.2
Marriage as a family form is not more important or valuable than other forms of family, so the law should not give it more value.3
I suspect marriage as we have known it is not coming back.4
1. 2. 3. 4.
Loving v. Virginia, 388 U.S. 1, 12 (1967) Obergefell v. Hodges, 576 U.S. _______ (2015) Nancy Polikoff, Beyond (Straight and Gay) Marriage (2008) Isabell V. Sawhill, “Restoring Marriage will be Difficult,” Brookings Institution (2012)
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Federal Aspects of Marital Status* •
Taxation
•
Inheritance & Property Rights
•
Rules of Intestate Succession
•
Spousal Privilege in the Law of Evidence
•
Hospital Access
•
Medical Decision-Making Authority
•
Adoption Rights
•
The Rights and Benefits of Survivors
•
Birth and Death Certificates
•
Professional Ethics Rules
•
Campaign Finance Restrictions
•
Workers Compensation Benefits
•
Health Insurance
•
Child Custody, Support and, Visitation Rules
* Obergefell v. Hodges, 576 U.S. __________, 17 (2015)
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Changes in Family Structures
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Prototypical 1950’s American Family
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Costco
Love
Love in Bulk
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Costco
Love
Love in Bulk Met at Costco 1st Anniversary Date at Costco
“Kirkland Signature Brand Husband”
Costco Shirt Costco Wedding Cake
Costco Flowers Costco Wedding Rings
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The 50 Most Common Family Types in America →
Larger Circles: Adults
→
Smaller Circles: Children/Grandchildren
→
Dark Green Circles: Those in Household Nucleus
→
Light Green Circles: Family Members Outside the Nucleus
→
Grey Circles: Non-Relatives
“The demographic changes of the past century make it difficult to speak of an average American family. The composition of families varies greatly from household to household.” Troxel v. Troxel, 530 U.S. 57, 63 (2000)
“Most Common Family Types in America,” Nathan Yau, Flowingdata, July, 2016. American Community Survey 2010-2014, United States Census Bureau.
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Traditionalist Family
Husband
Wife
Son
Daughter
Grandchild
Grandchild
Grandchild
Daughter
Grandchild
Grandchild
Grandchild
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Boomer Family – Blended*
1st Wife
Husband
Wife
//
Daughter
Daughter
1st Husband
//
Daughter
Daughter
Son
One out of six American children live in a blended family. Pew Research Center: 10 Demographic Trends That Are Shaping the U. S. and the World 40% of American Adults have at least one step-relative in their family
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Gen X / Millennial Family
Female Partner
Female Partner
Second Parent* Adoption
Daughter
Son
* “The phrase ‘second-parent adoption’ refers to an independent adoption whereby a child born to [or legally adopted by] one partner is adopted by his or her non-biological or non-legal second parent, with the consent of the legal parent, and without changing the latter’s rights and responsibilities.” Sharon S. v. Superior Court, 73 P. 3d, 554, 558 (Cal. 2003)
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3 Parent Family
Husband
1st Marriage
Wife
x
DeFacto Parent 1
2nd Marriage
or
Wife
Step Parent Adoption 2
Child
1. A De Facto parent is “one who is not a child’s legal parent, but has been found by a court to have assumed on a daily basis, the role of parent, fulfilling both the child’s physical and psychological needs for care and affection, and has assumed that role for a substantial period of time.” California Rules of Court 5.502 (10) (2015)
2. See Between A.A. and B.B. and C.C., 2007 ONCA 2 (Can.) and LaChapelle v. Mitten, 607 N. W. 2d 151 (Minn. Ct. App. 2000) and Gelman, “What About Susan? Three’s Company, Not a Crowd: The Importance of Allowing Third Parent Adoptions When Both Legal Parents Consent,” 30 Wisconsin Journal of Law, Gender and Society 57(2015). northerntrust.com | © Northern Trust 2018
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Co-Parenting Arrangement
Mother
Father
Non-Marital
Daughter
Shared Custody
Son
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Posthumous Reproduction
Husband (deceased)
Wife
Posthumous Child
Parentage, inheritance rights, intestate succession and eligibility for Social Security survivorship benefits have been addressed, respectively, by the Uniform Parentage Act §§ 204 and 707, the Restatement (Third) of Property: Wills and Other Donative Transfers § 14.8, The Uniform Probate Code § 2 - 104 and 2-120, (2012), and the U.S. Supreme Court in Astrue v. Capato 566 U. S. 132 (2012).
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Twibling Family* Egg Donor Gestational Surrogate
Embryo
Embryo
Husband
Husband
Son
Daughter
Gestational Surrogate
* Two Men Looking for Love, and for ‘Twiblings’ The New York Times, March 24, 2019
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A.R.T. Children – “Dibling” Relationships
Male Genetic Donor
Mother
Mother
Mother
Mother
Daughter
Son
Son
Daughter
Mother
Daughter
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Son
31
The Washington Post A Lack of Regulation has Created Enormous Genetic Families. Now They are Searching for One Other. (continued)
Ariana Eunjung Cha, September 12, 2018
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Artificial Reproductive Technology: Reproductive Variables (2018)
Father
Mother
Pregnancy
Conception
→
His sperm
→
Her egg
→
Mother’s womb
→
In Utero
→
Donor sperm
→
Donor Egg
→
Surrogate’s womb
→
Ex Utero
→
Fresh
→
Hybrid Egg*
→
Inter Vivos
→
Frozen
→
Fresh
→
Posthumous
→
Frozen
*Via Spindle Nuclear Transfer Technique
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Artificial Reproductive Technology I
U. S. Statistics* →
263,577 ART cycles in the U. S. in 2016 −
65, 996 live births
−
76, 930 infants
→
65,840 banking cycles in the U. S. in 2016 (preserving fresh non-donor eggs or embryos for futures use)
→
1,000,000 embryos in storage in (2015)
→
1.7% of infants born in U.S. annually conceived via ART
*Centers for Disease Control ART National Data 2015
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Composition of American Families* American Families
31% Households Without Children
-
35% Traditional - Heterosexual - Married - Children
Traditional
Modern Households Without Children
34% Modern Blended Multi-generational Same Sex Single Parent
*United States Census Bureau “America’s Families and Living Arrangements” (2013)
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Estate Planning & Trust Management For A Brave New World
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Demographic Changes: Strategic Issues
Changes in Generational Attributes
Evolution of Family Structures
Shifting Dynamics in Family Roles and Expectations
Dramatic Decline in Marriage
How is Charitable Giving Evolving?
How and to Whom will Financial Wealth be Allocated?
Are There Limits to Longevity? Dramatic Increase in Life Expectancy How will Modern Families Collaborate and Make Decisions?
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Generational Attributes and Charitable Giving
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Evolving Generational Attributes
Traditionalists
Boomers
Gen Xers
Millennials
Adaptive
Idealistic
Reactive
Civic
Pragmatic
Optimistic
Skeptical
Tolerant
Respectful
Competitive
Private
Collaborative
Strong Work Ethic
Live to Work
Work/Life Balance
Work to Live
Paternalistic Decision Making
Consensus Decision Making
Pragmatic Decision Making
Networked-based Decision Making
Religious Affiliation 89%
Religious Affiliation 83%
Religious Affiliation 77%
Religious Affiliation 65%
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Charitable Giving Patterns by Generation* Traditionalists: 26% of total giving 88% contribute Average giving - $1,367 annually to 6.2 charities
Boomers: 43% of total giving 72% contribute Average giving - $1,212 annually to 4.5 charities
Generation X: 20% of total giving 59% contribute Average giving - $732 annually to 3.9 charities
Millennials: 11% of total giving 60% contribute Average giving - $481 annually to 3.3 charities *Blackbaud - The Next Generation of American Giving, 2013 northerntrust.com | Š Northern Trust 2018
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U.S. Life Expectancy 1900 - 2018
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Boomers and Millennials: Challenging Interdependence
Boomers are Subsidizing Millennials’ Housing
Millennials will Subsidize Boomers’ Social Security
Because of Lower Birthrates Among Those in the Baby Boom Generation, the Resulting Decline in Available Family Caregivers May Lead to a Caregiving Perfect Storm Severely Straining Families and Public Programs as Dementia Cases Grow.*
Boomers will Consume More of Millennials’ Inheritances
Millennials Must Self-Fund Retirement, and will Inherit Less Financial Capital, More IRD
*Aging In the 21st Century: Challenges and Opportunities for Americans, 45 (2017)
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Women, Work, Marriage and Philanthropy
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Women, Work, Marriage, and Philanthropy Changes in Women’s Labor Force Participation in the 20th Century
90
Percent
80
77.1
76.3
70
76.2
63.3 59.8
60
51.2
50 40
1950 1998
43.9 39.1
37.9
34
33.9
30
27
20 9.7 8.6
10 0
16 and Older
16 to 24
25 to 34
35 to 44
45 to 54
55 to 64
65 and older
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Average Amounts Given by Young Single Men Across Two Generations Average Amount Given $1,000 $900 $800 $700 $600 $500 $400 $300 $200 $100 $0
$492 $344
Pre-Boomers
Gen X/Millennials
Notes: Amounts are averaged over donors and non-donors. “Giving” is defined as donations to charitable organizations, and does not include giving to religious congregations. The two generations are defined as: (1) preBoomers ages 25-47 in the 1970s: and (2) GenXers/Millennials, ages 25-47 in the 2000s.
Women Give16, Women’s Philanthropy Institute, Indiana University Lilly Family School of Philanthropy. northerntrust.com | © Northern Trust 2018
45
Average Amounts Given by Young Single Women Across Two Generations Average Amount Given $1,000 $900 $800 $700 $600 $500 $400 $300 $200 $100 $0
$216
Pre-Boomers
$244
Gen X/Millennials
Women Give18, Women’s Philanthropy Institute, Indiana University Lilly Family School of Philanthropy. northerntrust.com | Š Northern Trust 2018
46
Percentage of Adult Children Who Give, by Parents’ Giving
82.00% 80.50%
80.00% 78.00% 76.00% Parents Do Not Give
74.00%
Parents Give 72.00%
71.80%
70.00% 68.00% 66.00%
Women Give18, Women’s Philanthropy Institute, Indiana University Lilly Family School of Philanthropy. northerntrust.com | © Northern Trust 2018
47
Percentage of Adult Daughters and Sons Who Give, by Parents’ Giving and Parents’ Wealth Sons
Daughters
100.00%
100.00% 87.50%
90.00%
87.50% Parents' Wealth <$100,000
80.00%
70.90%
Parents' Wealth ³$100,000
70.00% 60.00%
90.00% 80.00%
60.00%
50.00%
50.00%
40.00%
40.00%
30.00%
30.00%
20.00%
20.00%
10.00%
10.00% Parents Do Not Give
Parents Give
Parents Do Not Give
Parents Give
74.40%
70.00%
57.90%
0.00%
92.40%
65.40% 55.20%
0.00% Parents Do Parents Give Parents Do Parents Give Not Give Not Give
Women Give18, Women’s Philanthropy Institute, Indiana University Lilly Family School of Philanthropy.
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Young Married Couples’ Charitable Decision Making Across Two Generations
Pre-Boomers
Gen X/Millennials 2%
14%
26.6% 73.4%
Men Only Women Influenced Other Cases
84%
Notes: Amounts are averaged over donors and non-donors. “Giving” is defined as donations to charitable organizations, and does not include giving to religious congregations. The two generations are defined as: (1) pre-Boomers ages 25-47 in the 1970s: and (2) GenXers/Millennials, ages 25-47 in the 2000s.
This figure describes decision making only for young married couples who gave “large amounts,” defined as $100 or more for preBoomers and $600 or more for GenX/Millennials. Women Give16, Women’s Philanthropy Institute, Indiana University Lilly Family School of Philanthropy. northerntrust.com | © Northern Trust 2018
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Level of Women’s Influence: Average Amounts Given by Young Married Couples Across Two Generations $2,500
$2,203
$2,000 $1,385
$1,500
$1,000
$1,269
$986
$500
$0 Women Influenced Pre-Boomers
Men Only
Gen X/Millennials
Notes: Amounts given to charitable organizations are averaged over the donors of large amounts.
Women Give16, Women’s Philanthropy Institute, Indiana University Lilly Family School of Philanthropy. northerntrust.com | © Northern Trust 2018
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How and to Whom Will Financial Wealth be Allocated?
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The Health & Retirement Study
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The Health & Retirement Study* Bi-annual survey of 20,000 Americans aged 50 and older
Objectives:
♦ ♦ ♦ ♦ ♦
Explain the antecedents and consequences of retirement Examine the relationships among health, income, and wealth over time Examine life cycle patterns of wealth accumulation and consumption Monitor work disability Examine how the mix and distribution of economic, family, and program resources affect key outcomes, including retirement, “dissaving,” health declines, and institutionalization
*National Institute on Aging and University of Michigan Institute for Social Research
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Health & Retirement Study Themes* I
Intestacy:
→
42% of all Health & Retirement Study (HRS) respondents have no will
→
38% of deceased HRS respondents died intestate
→
49% of HRS respondents with stepchildren have no will
→
59% of HRS “no-contact” parents have no will (parent who has had no contact with at least one genetic child for at least one year)
→
62% of divorced HRS respondents have no will
*Drawn from Health & Retirement Study data and National Bureau of Economic Research Working Paper “Unequal Bequests,” M. Francesconi, R. Pollack, D. Tabasso. Working Paper 21692 (2015).
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Estate Planning – Essential Questions To Whom/To Which How Much → →
Is Enough Is Too Much
When → →
To Give To Discuss
In What Form → →
Outright or in Trust Trust Design and Attributes
Who Will Serve as our Surrogate → → →
For Health Care and Financial Decisions For Managing Our Assets To Care for Our Families
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Gratuitous Transfers: Freedom of Disposition Private Wealth
Private Gifts
Bequests
Private Interests
Philanthropic Gifts
Transfer Taxes
Public Interests
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Blended, Multi-Generational Family
//
Wife 1
Son Gen. X 44
Son Gen. X 42
Husband Traditionalist 72
Wife II Boomer 57
Daughter Gen. X
Daughter Millennial
Son Millennial
41
25
21
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Entertainment for Stepchildren
91S rn sxB ExL._SL1 500_ .jpg 1, 172 x1 ,500 pixels
2/10/18, 5:03 PM
DANNY DeVITO
BILLY CRYSTAL
NTAC:3NS-20
NTAC:3NS-20
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Blended, Multi-Generational Estate Plan
Wife II Boomer
Husband Traditionalist
Testamentary Wealth Transfer
Lifetime Wealth Transfer
Split Annual Exclusion Gifts - $30,000 x5
Rolling GRAT’s Remainders in Equal Shares to Children
QPRT for Vacation Compound
Son Gen X
Son Gen X
Unused Exemption Grandchildren’s Trust
Family Foundation
Daughter Gen X
Marital Trust
Endowment for Vacation Compound
Daughter Millennial
Son Millennial
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Wealth Transfer Planning for Contemporary Families PRIOR GENERATIONS Estate Planning
Mortality
Family Disclosure
CONTEMPORARY FAMILIES
Estate Planning Family Dialogue Spouses/Partners - Expectations - Expectancies - Goals
Parents/Partners and Children - Family Views - Expectations - Hopes/Fears
Plan Design and Implementation
Family Disclosure
Spouses/Partners and Children - Plan - Rationale - Role of Advisors - Concerns
northerntrust.com | Š Northern Trust 2018
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Wealth Transfer Issues for Contemporary Families Wealth Sufficiency
How Much Wealth is Enough? How Much is too Much?
Generational Expectations About Financial Wealth and Estate Planning
Lifetime v. Testamentary Wealth Allocation
Viability of Life Estate with Remainder Construct
Utility and Shelf Life of Spray Trusts
Rewards and Risks of Shared Assets
Perpetual Trusts: Family Reproduction and Per Stirpital Allocation
Fiduciary Roles: Who Serves Whom and Why northerntrust.com | Š Northern Trust 2018
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Traditional Estate Planning Paradigmâ&#x20AC;Ś.Recast
Tax Based Transfer Tax Centric
Goals Based Tax Efficient
Hierarchical Nuclear Family Oriented
Humanistic Sensitive to Family Structure
Culturally Homogeneous
Culturally Adaptable
Predominant Focus on Financial Wealth
Holistic Understanding of Family Wealth
northerntrust.com | Š Northern Trust 2018
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Longevity, Disability, Mortalityâ&#x20AC;Ś Immortality?
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Young Children and Older People as a Percentage of Global Population: 1950-2050 18.00% 16.00% 14.00% 12.00% 10.00%
AGE <5 AGE 65+
8.00% 6.00%
4.00% 2.00% 0.00%
1950 1960 1970 1980 1990 2000 2010 2020 2030 2040 2050 Source: United Nations. World Population Prospects: The 2010 Revision.
northerntrust.com | Š Northern Trust 2018
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The Growth of Numbers of People with Dementia in High-income Countries and Low and Middle-income Countries: 2010-2050
Number of People with Dementia (millions)
120 100 80 High Income Countries
60 40
Low and Middle Income Countries
20
0 2010
2020
2030
2040
2050
Source: Alzheimerâ&#x20AC;&#x2122;s Disease International. World Alzheimer Report 2010
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Who Should Bear the Greatest Responsibility for the Elderly? Pakistan United States
2
77
16
46
20
South Korea
53
Japan
27
France
23
10
Nigeria Spain South Africa Kenya
12
38
13
33
39 13
38
11
36 36
5
38
32 40
13
22
11
23 25
59
22
Turkey
9
23
Egypt
9
22
Israel Russia
55 40
11
Italy
The Government
38
Argentina
China
Their Families
24
42
9
Themselves
42
41
8
Mexico
36 33
United Kingdom
Brazil
33
33
Germany
Indonesia
24
55 42 51
9
20
7
20
47 56
11
8
8
10
61 63
Source: Pew Research Center survey, March-April 2013, N-22,425 adults in 21 countries northerntrust.com | Š Northern Trust 2018
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U.S. Fertility Rates
Number of Childbirths Per Woman 4.5 4 3.5 3 2.5 2 1.5 1 0.5 0
Number of Childbirths Per Woman
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(Digital) Elder “Care”
“Grandma and Grandpa need - and deserve - an attentive, caring, interesting person with whom to interact. The only such person(s) who can be summoned into existence to meet this demand are manufactured software persons with robotic bodies, i.e., empathetic, autonomous robots with a physicality that mimics a flesh and blood person.”*
* Martine Rothblatt, Virtually Human, 67 (2014)
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The Risk of Disability
Planning For:
End-of-Life Issues
Closing the Gap Between Elder Intent and Outcomes • Living Circumstances • Medical Treatment • End-Stage Treatment
The Role of Advance Directives • Durable Powers of Attorney • Living Wills • Physician Orders for Life Sustaining Treatment (POLST’s)
The Risk of Family Conflict • Speculation (In the Absence of Advance Directives and Discussion) • Personal Convictions • Misinformation
The Importance and Challenges of Family Disclosure and Discussion • Increasing Cultural and Religious Diversity • Increasing Diversity of Family Structures
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Mortalityâ&#x20AC;ŚImmortality?
The days of our years are the threescore years and ten; and if by reason of strength they be fourscore years, yet is their strength labor and sorrow; for it is soon cut off and we fly away.
Psalm 90:10
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Mortalityâ&#x20AC;ŚImmortality? Evangelists:
Transhumanists
Optimists:
Immortalists
Pessimists:
Cryopreservationists
Realists:
Biologists, Medical Doctors
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Transhumanism Immortality Bus
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Immortalists OBSERVATIONS “Clearly, it is possible, through technology, to make death optional.” Martine Rothblatt, Chairwoman, United Therapeutics “The proposition that we can live forever is obvious. It doesn’t violate the laws of physics, so we will achieve it.” Arram Sabeti, CEO Cater “I decided that I was just not going to die.” Dave Aspray, CEO, Bulletproof
OUTCOMES Biological Immortality (Joon Yun, Aubrey deGrey)
Digital Immortality (Ray Kurzweil, Martine Rothblatt)
ORGANIZATIONS National Academy of Medicine SENS Research Foundation Unity Biotechnology Google Calico * Quotations from “Silicon Valley’s Quest to Live Forever,” The New Yorker, April 3, 2017. northerntrust.com | © Northern Trust 2018
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Cryopreservationists CRYOPRESERVATION ORGANIZATIONS ALCOR LIFE EXTENSION FOUNDATION Not-for-Profit Founded 1972 155 Patients in Cryopreservation Whole Body Cryopreservation - $200,000
CRIONICS INSTITUTE Not-for-Profit Founded 1976 150 Patients in Cryostasis Whole Body Suspension - $28,000
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Cryopreservation/Revival Trusts PURPOSES FUNDING FOR CRYOPRESERVATION, STORAGE OF DIGITAL MIND IMAGES “During cryopreservation the Grantor will no longer be living, but the Grantor will nevertheless not be dead.”
DISTRIBUTIONS TO THE GRANTOR’S BIONIC ANALOG VERSION (“BAV”) “If multiple BAV’s of the grantor are restored, - Each is entitled to discretionary distributions - Each may live rent free in any trust property.”
TERMINATION UPON THE GRANTOR’S REVIVAL “Whether the grantor is revived in this world or another world.” “Upon revival the Grantor will be considered a different legal person.”
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Immortality - Realists* “The maximum lifespan of humans is fixed and subject to natural constraints”
“We expect that the oldest person alive will be around 115 years for the foreseeable future.” “The best hope for our species is not to extend life spans but to lengthen our years of healthy living.”
* Dong, Xiao, Ullholand, Brian and Vijg, Jan, “Evidence for a Limit to Human Lifespan,” 538 Nature 257 (2016)
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(Digital) Life After Death
Twitter: Lives On.org
“When your heart stops beating, you’ll keep tweeting. Welcome to your social after life.” Dead Social: Post-Mortem Social Media Communication Facebook LinkedIn Twitter
“Dead Social’s founders consulted with end-of-life experts when developing the tool, and as a result they compare it to actual memory boxes people often fill with treasures, letters, and photographs for loved ones to review over time.”
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How Will Families Collaborate and Make Decisions?
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Family Issues Requiring Collaboration/Governance
Easier
Holiday, Birthday, Anniversary Plans
Vacation Plans
More Difficult
CoPrivacy Investment and Security Opportunities Protocols
Most Difficult
Family Management Family Health Wealth Philanthropy of Shared Business Allocation and Life And Assets Employment. Care Foundation Compensation, Decisions Management Succession
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Changing Paradigm for Family Collaboration and Governance TRADITIONAL FAMILIES
CONTEMPORARY FAMILIES
NUCLEAR FAMILY STRUCTURE
DIVERSE FAMILY STRUCTURES
AUTHORITY WITHIN HIERARCHY
NETWORKING, PARTICIPATION AND COLLABORATION UNDERGIRD AUTHORITY
CIRCUMSCRIBED COMMUNICATION
OPEN COMMUNICATION
CULTURAL HOMOGENEITY
CULTURAL DIVERSITY
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Echoes of a Changing Wealth Dialogue Prior Generations: Dialogue: None
Pre-Mortem Expectations:
What Will I Getâ&#x20AC;Śand When?
Post-Mortem Reaction:
What Was He (She) Thinking?
Contemporary Generations: Philosophical Concerns:
What Will Our Legacy Be? How Much Wealth is Too Much?
Practical Concerns:
How Will We Raise Self-Reliant/Resilient Children in Wealth? When and How Should We Discuss Wealth with Children? How Can We Develop Effective Family Collaboration and Governance? How Can Philanthropy Contribute to Social Good and Family Well Being?
Tactical Concerns:
How Will We Provide for:
Aging Parents and Dependent Children?* Disabled Siblings?
How Should We Treat:
Full-Blooded Children Half-Blooded Children Step Children ART Children In-Laws Non-Marital Partners
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Developing a Holistic Understanding of Wealth The most difficult challenges wealthy families face are not financial, but instead they are relationship based and family based. Charles W. Collier
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Family Wealth – Redefined*
Human Capital
Financial Capital
Intellectual Capital
Social Capital
• Charles W. Collier, Wealth in Families, Harvard University
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Family Wealth In Action
Family Communications & Governance
Educational, Professional & Social Endeavors
Values and Vision Financial and Estate Planning
Philanthropy
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Family Collaboration and Decision Making I
What’s the Issue?
II
Who’s Family?
III
Who’s at the Table?
IV
Which Table?
V
Who Has Decision Rights?
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Family Decision Making Continuum Study
Kitchen Table
Dining Room Table
Conference Table
Board Room
Parental Control
Family Consensus
Family Compact
Family Council
Governance Structures
Childrenâ&#x20AC;&#x2122;s Education Estate Planning for Minors
Social and Family Activities Rules of the Road for Family Communication Values Discussions
Estate Planning
Philanthropy
Health and Life Care Issues
Management of Shared Lifestyle Assets
Business and Entrepreneurial Endeavors, Asset Management Foundation Management
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W Family Genogram
Great
Grandfather
Aunt
Great Grandmother
Great
Great Grandmother
Grandfather
Husband
Grandfather
Great Grandmother
Great
Grandfather
Great Grandmother
Grandmother
Grandfather
Grandfather
Grandmother
Mother “Lioness”
Father “Lion”
Daughter
Great
Son
Wife
Daughter
Husband
Son
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Changing Family Structures
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Changing Family Structures
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Changing Family Structures
HERITAGE
LEGACY
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Estate Planning and Trust Management for a Brave New World We are such stuff As dreams are made on; And our little life Is rounded with a sleep
Shakespeare, The Tempest, IV.i.
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Bibliography “America’s Families and Living Arrangements.” United States Census Bureau (2013) Angier, Natalie, “The Changing American Family.” New York Times, February 2, 2018 Aucutt, Ronald D., “Identifying and Respecting the Core Elements of a Modern Trust.” University of Miami School of Law, Heckerling Institute, 2014
Beckert, Jens, Inherited Wealth. Princeton: Princeton University Press, 2004 Brokow, Tom, The Greatest Generation. New York: Random House, 1998 Collier, Charles, Wealth in Families, 2nd Ed. Boston: Harvard University, 2006 Collins, Chuck, Born on Third Base. White River Junction: Chelsea Green Publishing, 2016 DiRusso, Alyssa A., “Testacy and Intestacy: The Dynamics of Wills and Demographic Studies.” 23 Quinnipiac Probate Law Journal 23, 2009 Dukeminier, Jesse and Robert H. Sitkoff, Wills, Trusts, and Estates, 9th Ed. New York: Wolters Kluwer, 2013 Francesconi, Marco, Robert A. Pollak and Domemico Tabasso, “Unequal Bequests.” NBER Working Paper 21692, National Bureau of Economic Research, October, 2015 Friend, Ted, “Silicon Valley’s Quest to Live Forever.” The New Yorker, April 3, 2017 Gallo, Eileen and Jon Gallo, Silver Spoon Kids. New York: McGraw Hill, 2002 Gawande, Atul, Being Mortal. New York: Metropolitan Books, 2014 Gelman, Emily B., “What About Susan? Three’s Company, Not a Crowd: The Importance of Allowing Third Parent Adoptions When Both Parents Consent.” 30 Wisconsin Journal of Law, Gender & Society 57, 2015 northerntrust.com | © Northern Trust 2018
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Bibliography Goldstone, Hartley and Kathy Wiseman, Trustworthy, Denver: Trustcape LLC, 2012 Harrington, Brooke, Capital Without Borders, Cambridge: Harvard University Press, 2016 The Health and Retirement Study, “Aging In The 21st Century.” Ann Arbor: Survey Research Center, Institute for Social Research, University of Michigan, 2017
Jaffe, Dennis T. and James Grubman, Cross Cultures: How Global Families Negotiate Change Across Generations, San Francisco: Family Wealth Consulting, 2016 Lewin, Tamar, “Industry’s Growth Leads to Leftover Embryos, and Painful Choices.” New York Times, June 17, 2015 Langbein, John H., “The Twentieth-Century Revolution in Family Wealth Transmission.” 86 Mich. L. Rev. 722, 1987-88 Kurzweil, Ray, The Age of Spiritual Machines, New York: Penguin Group, 1999 Light, Audrey and Kathleen McGarry, “Why Parents Play Favorites: Explanations for Unequal Bequests.” NBER Working Papers 9745, National Bureau of Economic Research, 2003 Mason, Mary Ann, “Rethinking Stepparent rights: Has the ALI Found a Better Definition,” 36 Fam. L.Q. 227 (2002) O’Connell, Mark, “600 Miles on the Stump with the Transhumanist Candidate for President.” The New York Times, February 12, 2017 Odom, Raymond C., “Statements of Wealth Transfer Intent.” Trusts and Estates, April 2012 Pennell, Jeffrey N., “It’s Not your Father’s Buick, Anymore: Estate Planning for the Next Generation of Clients.” 34 ACTEC J. 2 (2008) Pew Research Center, “Millennials In Adulthood: Detached from Institutions, Networked with Friends.” March 7, 2014
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Bibliography Pew Research Center, “Family Support in Graying Societies.” Washington, D.C. May 21, 2015 Polikoff, Nancy D., Beyond (Straight and Gay) Marriage, Boston: Beacon Press, 2008 Restatement Third, Property (Wills and Other Donative Transfers), Washington, D.C.: The American Law Institute, 2010 Restatement Third, Trusts, Washington, D.C., The American Law Institute, 2001 Rothblatt, Martine, Virtually Human: The Promise - and The Peril - of Digital Immortality, New York: St. Martin’s Press, 2014 Stanton, Glenn T., “Can A Baby Have Three Biological Parents?” Citizen, April, 2017 Stone, Bruce, “The New Genesis in Estate Planning and Administration.” Miami: University of Miami School of Law, 2016 Taylor, Paul, The Next American, New York: Public Affairs, 2015 The National Marriage Project of the University of Virginia, “Knot Yet: The Benefits and Costs of Delayed Marriage in America.” 2013 Yau, Nathan, “Most Common Family Types in America.” Flowingdata, July, 2016
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IMPORTANT INFORMATION: This material is for information purposes only. The views expressed are those of the author(s) as of the date noted and not necessarily of the Corporation and are subject to change based on market or other conditions without notice. The information should not be construed as investment advice or a recommendation to buy or sell any security or investment product. It does not take into account an investorâ&#x20AC;&#x2122;s particular objectives, risk tolerance, tax status, investment horizon, or other potential limitations. All material has been obtained from sources believed to be reliable, but the accuracy cannot be guaranteed. Legal, Investment and Tax Notice: This information is not intended to be and should not be treated as legal advice, investment advice or tax advice. Readers, including professionals, should under no circumstances rely upon this information as a substitute for their own research or for obtaining specific legal or tax advice from their own counsel. northerntrust.com | Š Northern Trust 2018
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