Estate Planning 101: Protect Your Legacy, Secure Their Future
Nobody likes thinking about what happens after they die. But none of us live forever. One of the best things you can do for your loved ones is to prepare for what happens to your estate in the event of your death or incapacitation.
Estate planning is the process of arranging how your assets will be managed and distributed after your death or if you become incapacitated. It ensures that your wishes are followed, reduces potential family conflicts, and can minimize taxes and legal costs. Here are the key elements:
- Will
A will is a legal document that outlines how your assets should be distributed after death. A will can also name guardians for minor children.
- Trusts
A trust is a legal arrangement to hold assets for beneficiaries. You can save your loved ones from a lot of headaches by setting up a trust because it will help avoid probate and reduce estate taxes. There are several types of trusts. Here are some common ones:
- Revocable (Living Trust)
- Irrevocable
- Special Needs
- Charitable
- Power of Attorney (POA)
A power of attorney appoints someone to handle financial or legal matters when you are no longer able to do so.
- Healthcare Directive/Living Will
A healthcare directive states your wishes for medical care if you are incapacitated. You can also include the healthcare power of attorney.
- Beneficiary Designation
You can list who you want as your beneficiary on accounts like life insurance, retirement plans, and bank accounts. If you designate beneficiaries, these will override what is in a will or trust.
- Letter of Intent
A letter of intent is not legally binding, but it provides guidance to the executor of the will and any guardians that have been appointed.
- Estate Tax Planning
Your estate planning attorney can help you strategize ways to minimize taxes (e.g., gifting, charitable donations, trusts).This is especially important if your estate exceeds federal or state tax thresholds.
- Digital Assets Planning
This will help your loved ones with managing access to online accounts, digital currencies, and data.
TIPS FOR GETTING STARTED:
- Take inventory of your assets: property, investments, accounts, personal valuables, etc.
- Define your goals: Who do you want to be executor of your estate? Who will be your beneficiaries.
- Choose your fiduciaries: Appoint and executor, trustee, guardian, POA agent.
- Draft legal documents: It is ideal to hire an estate planning attorney to assist you with this.
- Review and update your estate plan regularly, especially after major life events.
Estate planning will give you peace of mind knowing that your wishes will be followed, your assets will be protected, and your loved ones will be provided for.
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