What are the Basics of Estate Planning?

When considering an estate plan, it is important to keep in mind the following key basics:

  • Without a will, state laws will determine the distribution of your assets.

  • A single person with assets of less than $1 million dollars can establish a simple will that distributes assets as chosen, after debt obligations are satisfied.

  • It is important to do a periodic review of an estate plan with your attorney. Factors that can necessitate the review of a will include:

    • Moving to a new state

    • Death of a spouse or beneficiary

    • Marriage or divorce

    • Birth or adoption of children

    • Change in value of assets

    • Change in asset structure

    • Beneficiaries’ marriage, divorce, or birth of children

    • Tax law changes

  • Married couples can leave all assets to each other and establish contingency plans if both spouses die simultaneously. Due to the unlimited marital deduction, a surviving spouse who is a U.S. citizen, can inherit the entire estate without tax liability. If the surviving spouse is not a U.S. citizen, a special trust can be used. But, for 2012, if more than $5,120,000.00 is bequeathed from either spouse’s estate, the estate could be subjected to an estate tax liability. An “all-to-spouse” will can lead to unintended results if contingencies are not addressed; for example, the disposition of assets should a surviving spouse remarry. (Note: This may have changed since the time of this writing; check with our firm for current exclusion amounts).

  • There are additional considerations if you have children. Your will should clarify your wishes for custody of minors and also determine what and when a child’s potential inheritance will be.

  • A power of attorney is a lifetime financial management tool authorizing another person to act on your behalf.

  • An advanced healthcare directive is a lifetime directive of health care and can also include funeral directives and organ donation.

  • All wills require a personal representative (“executor”). Often people name a family member as personal representative, but it is also possible to name a friend or a corporate representative.

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Last Will and Testament 101