A Will Is The Foundation Of A Good Estate Plan
Estate planning is the process of putting a plan together to take care of your family and you assets when you die. No matter how little you may have in assets it is important to have a estate plan in place. Key elements of an estates plan include a will, powers of attorney and possibly trusts. We’ll cover each of these in turn
Last will and testament – This is the most basic, and often the most important, element of an estate plan. You last will states your intentions regarding your property upon your death. As fundamental as a will is to your plan they are not necessarily easy to get right. If you try and write your own will and make a significant mistake your will make be disqualified and your estate will be distributed as if you didn’t have a will at all. While probate laws in each state are written to handle this process in a reasonable manner, the state rules could run exactly counter to your personal wishes. Hiring a professional to help draft your last will is a wise investment.
Next in the process comes the durable power of attorney. A power of attorney allows another person to make decisions on your behalf and a durable power of attorney is a special kind that allows the decisions making authority to continue if you become incapacitates and unable to make decisions for yourself. This is particularly helpful when it comes to making medical decisions and there are specific versions call a health care power of attorney for this purpose.
A living will goes hand in hand with a medical power of attorney. A living will states your intentions regarding health care if you are not capable in do so for yourself due to a future incapacity. The living will states WHAT you want done in specific situations and the health care power of attorney authorizes somebody to follow through on your wishes. These two documents are complicated enough that most are crafted by professional estate attorneys.
Trusts are another mechanism that will allow you to disperse your property while placing restrictions or requirements on the property. Trusts aren’t just for the wealthy. If you have dependent children that you with to leave money to, you can have it held in trust until they reach an age of your choosing. Trusts can also be an effective means to minimize taxes associated with your estate.
Tax planning – There are a wide variety of tools that can be used to manage the tax burden at your death. These include life insurance, life insurance trusts, charitable remainder trusts, qualified personal residence trusts and more.
Your first step is to create a list of all of the property you own. Once you have this list make a determination about who you want to receive each item. At this point it is a good idea to talk to your immediate family regarding your wishes as this can avoid significant problem in the future.
There are also other instruments available for estate planning but the important thing is to work with professionals to craft a plan that meets your specific needs and desires.
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