Estate planning, once perceived as exclusive to the ultra-wealthy, is now recognized as crucial for individuals across all economic brackets. Its purpose is to ensure the maintenance, management, preservation, and distribution of your assets in case of death or incapacitation. Beyond merely writing a will, estate planning encompasses a range of considerations. Understanding its importance in our modern world is the first step, regardless of whether your means are modest or robust.
Understanding Estate Planning
An estate plan effectively manages the distribution of your wealth and assets after your death, aiming to minimize taxes, legal fees, and other costs for your beneficiaries. It fulfills your wishes for asset distribution, reducing conflicts and hard feelings among family members.
Additionally, estate planning isn't just about post-death asset distribution. It's increasingly vital for situations where debilitating conditions like Alzheimer’s disease, dementia, various cancers, or accidents leave individuals unable to manage their financial assets. Planning for these circumstances is essential to safeguard your assets and interests.
Critical Elements of an Estate Plan
There are many elements involved in the estate planning process. In fact, it might help to create a checklist to ensure no critical aspect of planning your estate is missed. These are some of the key elements you want to make sure are included in the process while planning your estate.
- List of all assets and holdings. This includes physical assets as well as bank accounts, insurance policies, annuities, funds, etc.
- List your debts.
- Create copies of both lists and update the lists annually to account for new debts and assets and those you’ve paid off.
- Review your retirement accounts. Also, make sure you update your account beneficiaries as needed. Accounts with beneficiaries go directly to the designated beneficiary and do not need to be included in your estate or in your will.
- Review your insurance and annuities. Again, make sure your beneficiaries and other information in these policies and documents are updated and accurate.
- Establish joint accounts or create “transfer of death” designations. Joint accounts do not have to go through the probate process as long as they include right of survivorship, which automatically transfers the account to the remaining, living, account holder. However, you can create a “transfer of death” designation that allows the specified individual to take over the account if you die without going through the probate process.
- Designate an estate administrator. That is the person responsible for managing your financial assets after your death. While a spouse might be your most trusted person, a spouse may be emotionally compromised and overwhelmed at this time leaving someone else better-suited for the role.
- Write your will. Your will takes the uncertainty out of administering and distributing your estate. It gives you the opportunity to determine how much of your estate goes to charitable organizations, to your family members, and countless other issues important to you.
- Review documents annually. A lot can change in a year. Deaths.
- Births. Marriages. Divorces. These occurrences can change your assets, holdings, and how you wish to manage your estate. Make sure you update your records accordingly.
Other things you may wish to include:
- Consolidating accounts that can be managed more easily.
- Working with a financial planner minimizes taxes and maximizes holdings.
- Creating a power of attorney and living will so everyone understands your wishes if you should become incapacitated.
Estate Planning and Taxes
Estate planning can reduce the burden of death or estate taxes on your loved ones. Life insurance can play a crucial role in helping them manage or pay for taxes not avoided through estate planning. When minimizing taxes, consider life insurance alongside other measures, such as:
- A-B trusts
- Estate freezing
- Educational funding accounts
It is often wise to work with a financial planner or attorney when planning your estate to learn about various avenues that can help minimize the tax burden to your beneficiaries.
Special Considerations
The one thing you can be sure of is this. If you do not have an estate plan, your state court will have one of its own, and often, that plan is what is best for the state and not the family you leave behind. Whether your goal is to create a plan for when you die or how your estate will be managed if you become incapacitated – or both – having a plan is essential. Working with professionals can help.
Common Mistakes to Avoid
The biggest mistake to avoid is to fail to plan your estate. Common mistakes to avoid include the following:
- Failing to follow up and review your documents annually.
- Failing to address taxes and other fees in the planning process.
- Failing to create a living will or establish power of attorney.
- Failing to notify your family that there is an estate plan.
You want to make sure you have a plan, your family knows you have one, and the plan is ready to implement when the time comes.
Regular Reviews and Updates
Regular reviews and updates are necessary. Once a year is often sufficient unless significant life events occur that would render your existing plan obsolete. If that happens, you’ll want to review your estate plan immediately.
Working with Professionals
Planning for life after you’re gone can be difficult. It can be difficult on an emotional level as well as seeing to all the necessary elements. Working with professionals can help alleviate some of the burden while maximizing the benefits left to your loved ones.
Takeaways
Estate planning isn’t for the rich. Everyone needs to consider creating a plan for how their assets and liabilities will be managed if they are unable to manage them due to death or incapacitation. The sooner you create your estate plan, the better it will be for all parties left behind.