Creating an Estate Plan Ensures Your Assets Will Be Distributed As YouIntended
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Many people put off creating an estate plan because it causes them to face
the eventuality of their own death. While no one enjoys thinking about their
demise, it is necessary to do so to be sure your loved ones receive the
property you intended for them, in the manner and at the time you intended.
The foundations of any good estate plan are a durable power of attorney and
a will. The durable power of attorney allows you to designate someone to manage
your financial affairs while you are still living in the event you cannot do so
yourself. A will spells out the specifics about the management and distribution
of your assets after you die.
You are never too young to start developing your estate plan. Even if you
don’t think you have enough property to be concerned about distribution, you
may have other “assets” like your children whose future you need to protect.
The following list provides some important reasons to consider creating an
estate plan:
- Choosing whom you want to
manage your affairs if you are no longer able to do so - Without an estate
plan the courts will designate the person who manages your finances.
- Selecting a guardian for your
minor children - An estate plan gives you the capability of selecting your
children’s guardian. Without it, the court will make that decision.
- Deciding who will receive
your property - If you die intestate, meaning without a will, your assets
pass to your heirs according to your state’s laws of intestacy.
- Distributing assets among
children from different marriages - If you have children from different
marriages, you will need an estate plan to ensure an equitable
distribution of your property among all of your heirs.
- Providing care for children
with special needs - An estate plan allows you to establish a Supplemental
Needs Trust, which enables a special needs child to remain eligible for
Social Security and Medicaid benefits while using the trust assets to pay
for non-covered expenses.
- Keeping assets in the family
- If your married son/daughter dies prematurely, their spouse could
inherit your money if there is no estate plan. If your child divorces
their spouse, half of your assets could go to the spouse. If you have an
estate plan, you can establish a trust that ensures that your assets will
stay in your family and pass to your grandchildren.
- Providing income replacement
for your loved ones - Part of your estate plan should be purchasing
enough life insurance to provide a replacement of the income you provided
your family while you were alive. This will help your family maintain
their current lifestyle.
- Selecting the beneficiaries
on your retirement accounts - The beneficiary on your IRA or other
retirement accounts can be changed after your death by the executor of
your estate if you don’t have an estate plan. It could also result in
serious tax consequences for your heirs.
- Planning for a successor in
your business - Without a plan, you probably don't have a legitimate
successor, which could cause your family to lose control of the business.
- Avoiding probate - Without a
plan, your estate may be subject to probate delays and excess fees.
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