Understanding Your Estate
Believe it or not, you have an estate. Nearly everyone does. Your estate consists of everything you own: your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, and personal possessions. No matter how large or modest, everyone has an estate and something in common—you cannot take it with you when you die.
The Importance of Estate Planning
When you pass away (and it is when, not if), you likely want to control how your belongings are distributed to the people or organizations you care most about. To ensure your wishes are carried out, you need to provide instructions stating whom you want to receive something of yours, what you want them to receive, and when they are to receive it. You will, of course, want this to happen with the least amount paid in taxes, legal fees, and court costs.
What is Estate Planning?
Estate planning involves making a plan in advance, naming the people or organizations you want to receive your assets after you die, and taking steps now to make carrying out your plan as easy as possible later. However, good estate planning is much more than that. It should also:
- Include instructions for your care and financial affairs if you become incapacitated before you die.
- Include arrangements for disability income insurance to replace your income if you cannot work due to illness or injury, long-term care insurance to help pay for your care in case of an extended illness or injury, and life insurance to provide for your family at your death.
- Provide for the transfer of your business at your retirement, disability, incapacity, or death.
- Name a guardian for your minor children’s care and inheritance.
- Provide for family members with special needs without disqualifying them from government benefits.
- Provide for loved ones who might be irresponsible with money or who may need protection from creditors or in the event of divorce.
- Minimize taxes, court costs, and unnecessary legal fees, which may include funding assets into a living trust, completing or updating beneficiary designations, or otherwise aligning your assets with your estate plan.
Ongoing Process of Estate Planning
Importantly, estate planning is also an ongoing process, not a one-time event. You should review and update your plan as your family and financial circumstances (and the relevant laws) change over your lifetime.
Estate Planning is for Everyone
Estate planning is not just for retirees, although people do tend to think about it more as they get older. Unfortunately, we cannot successfully predict how long we will live, and illness and accidents happen to people of all ages.
Estate planning is not just for the wealthy either. Good estate planning is often more impactful for families with modest assets because the loss of time and funds as a result of poor estate planning is more detrimental.
Too Many People Do Not Plan
People often put off estate planning because they think they do not own enough, they are not old enough, it will be costly or confusing, they will have plenty of time to do it later, they do not know where to begin or who can help them, or they just do not want to think about it. When something happens to them, their families have to pick up the pieces.
If You Do Not Have a Plan, Your State Has One For You—But You Might Not Like It
At Disability: If your name is on the title of your assets and you cannot conduct business due to mental or physical incapacity, only someone appointed by a court can sign for you. The court will supervise and ultimately control how your assets are used for your care through a conservatorship or guardianship. This process can become expensive and time-consuming, is of public record, and can be difficult to end even if you recover.
At Your Death: If you die without a valid estate plan, any assets owned in your individual name and without a beneficiary designation or other governing contract will be distributed according to your state’s intestacy laws, typically through a court-supervised probate proceeding. This means your assets might not be distributed according to your wishes.
Starting Your Estate Plan: Will or Living Trust
A will provides your instructions but does not avoid probate. It only directs how assets titled in your name and without a beneficiary designation will be distributed. These assets must go through your state’s probate court before they can be distributed to your beneficiaries. This process can be expensive and time-consuming.
A revocable living trust (combined with a pour-over will) is preferred by many families and estate planning professionals. Establishing and funding a revocable living trust can avoid probate at death, prevent court control of assets if you become incapacitated during life, bring all of your assets together into one plan, and provide increased privacy.
Organizing Records and Correcting Titles
Planning your estate now will help you locate and organize your information and documents, as well as find and correct errors. Most people do not give much thought to the wording they put on titles and beneficiary designations, which can create problems for your family at your incapacity or death.
Estate Planning Does Not Have to Be Expensive
It is important to understand that trying to do your own estate planning to save money now can cost your family more later and may have consequences you did not intend. An experienced estate planning attorney will provide critical guidance and peace of mind that your documents are prepared properly to meet your objectives.
The Best Time to Plan Your Estate is Now
None of us really like to think about our own mortality or the possibility of being unable to make decisions for ourselves. This is exactly why so many families are caught off-guard and unprepared when incapacity or death does strike. Don’t wait. You can put something in place now and change it later—which is exactly the way estate planning should be done.
The Best Benefit is Peace of Mind
Knowing you have a properly prepared plan in place—one that contains your instructions and will protect your family—will give you and your family peace of mind. Estate planning is one of the most thoughtful and considerate things you can do for your loved ones.