Most of the incentive-trust plans that Scroggin drafts are dynasty trusts generally spanning four generations.
John Scroggin noticed that many wealthy people were leaving more to charity than to their children.
Ideally, you should have done this years ago, says John Scroggin, a Roswell, Ga. estate attorney.
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Scroggin had a client who was supporting some less fortunate relatives, including one with Down syndrome.
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"There ought to be a way to keep it in the family, " thought Atlanta attorney John Scroggin.
Scroggin admits that some heirs aren't exactly thrilled to learn that so many strings have been attached to their inheritance.
Go here for a library of planning checklists from the Scroggin law firm, including one relating to the terminally ill.
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To be sure, Scroggin did not create the notion of controlling beyond the grave, something rich people have done throughout the ages.
Attorney Scroggin relates the story of a doctor who transferred large sums to his children as a way to reduce estate taxes.
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Scroggin says he tries to convince clients to build flexibility into the trust so that trustees can alter incentives if it seems necessary.
For instance, Scroggin claims that 60% to 70% of his clients choose the provision to allow for additional payouts to a stay-at-home parent.
Scroggin originally thought incentive trusts would appeal to the very wealthy, the kinds of people mentioned in the 1997 Forbes article about America's top corporate CEOs.
Scroggin's 42-page checklist includes the option to have heirs tested not just for illegal drug use but also for consumption of alcohol, tobacco and caffeine, for instance.
Scroggin's trust document includes items to check if you'd like your heirs to submit to regular drug tests, or if you want to cut off education money if their grades dip too low.
Assuming that these charitable urges sprang from the desire not to spoil future generations with inherited wealth, Scroggin started advising his clients to graft a host of conditions onto a family trust instead.
But Scroggin says that he tries to discourage overtly negative incentives, instead pushing clients toward positive reinforcement, such as matching charitable contributions, paying for missionary work or rewarding heirs who get religious instruction in the family faith.
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