What is Estate Planning?
Estate planning is the process of developing strategies for disposing of one’s estate to insure the assets are distributed according to the owners wishes and to maximize the amount of income taxes that are paid by the estate on behalf of the decedent as well as minimizing the amount of federal, state and local estate taxes that may be due, so that the greatest amount of the estate passes to the beneficiaries of the assets.
Most Americans don’t have a will, let alone an estate plan. But that’s not a good excuse.
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Here’s a checklist for getting your estate planning in order.
- Prepare your will. If you die without a will, your estate ends up in probate court and the state will decide who inherits your assets.
- Gather other important documents. If you’re 21 or older, make sure you have not only a will, but also a durable power of attorney and a health care proxy.
- Use estate planning software to at least make initial preparations. Most of the software packages available today give you a good start. Completing the questions in the software program gives an attorney the necessary information and saves you time and billable dollars. If you create legal documents with a software package, make sure your attorney reviews them.
- Get your will notarized with the correct number of witnesses. Laws vary from state to state on this. No beneficiary should ever sign as a witness.
- Review your plan. If you already been actively involved in planning your estate, you should always review your plan periodically. In cases of divorce, death of a spouse, adoption, birth of each child, moving from one state to another, receiving a windfall, getting married or remarried, your estate plan may need to be updated.
- Make a list of all of your assets and all of your liabilities. Your liabilities will have to be paid at your death. What’s left over, minus administrative and probate costs, is what your beneficiaries will get. Decide who gets what, and in what proportion.
- Name an executor who will manage your estate from the time of your death until the time that your assets are distributed. This is a big job, so make sure the person has the time and the ability to do it.
- Choose a guardian for your children.
- Have only one set of documents signed, witnessed and notarized. You’ll probably get duplicate copies. Keep the others for your files.
- Review your estate plan every few years, even if your situation is pretty much the same. Laws change constantly, and your estate planning may be out of date.
- Don’t keep your will or insurance policies in your safe-deposit box. This delays filing for death benefits.
- There are three kinds joint ownership. If you die, your share does not automatically go to the other owner. Make sure you have the right kind of joint ownership for your needs.
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