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Whether you have already amassed a sizeable fortune, or have a modest estate, you likely care what happens to the assets you own if something happens to you. If you die without at least a basic Will in place, your state of residence at the time of your death gets to decide who receives your assets. Close friends, favorite nieces and nephews, and beloved charities will receive nothing from your estate.
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This requires you to consider more than just how to distribute your estate assets upon your death. It also requires you to consider the possibility of your incapacity and how you will make sure your loved ones are financially secure if you become incapacitated. Estate planning tools such as a durable power of attorney or revocable trust created as part of a larger incapacity planning component within your comprehensive estate plan can help ensure that your loved ones are provided for if anything happens to you.
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Even a basic estate plan will require you to appoint an Executor in a Last Will and Testament. Other fiduciary roles include things such as a Trustee who is responsible for overseeing the administration of a trust agreement and a Guardian for minor children. A common mistake people make when creating an estate plan is appointing someone close to them to a fiduciary role without taking the time to consider if that person has the skills, experience, and commitment necessary to successfully fulfill the role.
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A Last Will and Testament can distribute your entire estate; however, there are several reasons why you might want to use one or more trusts to distribute most of your estate. If you have minor children, for example, who cannot inherit directly from your estate you will need to establish a trust to guard their inheritance. A trust may also be needed if you have a child with special needs, are married to a non-citizen, or simply want to stagger the inheritance you leave to beneficiaries.
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Probate is the legal process that is typically required after someone dies. It can be a lengthy and costly process. It can also be stressful for your loved ones. Taking the time to incorporate probate avoidance tools and strategies in your estate plan benefits your loved ones and can prevent the loss of estate assets to the cost of probate. Something as simple as converting assets to non-probate assets that bypass probate can go a long way toward this goal.
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You have likely been saving money for retirement since you started working. Amassing assets may not be enough to prepare you for your retirement years. Those very assets may be at risk if you need to qualify for Medicaid to help cover the high cost of long-term care during your Golden Years. You can protect those assets by including a Medicaid planning component in your estate plan. You should also ensure that your estate plan and retirement plan work harmoniously before you reach retirement age.
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An estate plan can do so much more than just plan for the distribution of your estate assets. Among the other common goals and objectives that can be accomplished with a comprehensive estate plan are:
- Special needs planning
- Asset protection
- Protecting the inheritance of minor children
- Business Succession planning
- Elder care planning
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Contact Us
If you have additional questions about estate planning, contact the experienced estate planning attorneys at Clarity Legal group by calling 919 484-0012 to schedule your free consultation.
