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Years ago, the exemption against estate tax was only $600,000, and that forced many people to address their estate plans for tax reasons. With the exemption currently at $15,000,000, very few people have taxable estates, but really, all of us have estate planning needs. Just because the IRS may have little to no claim to your estate, there are still many issues to address as part of an estate plan.
For example, do you know what happens to your assets if you die without a will? Assets that are titled jointly or have a beneficiary designation, such as life insurance, pass by operation of law to the joint owner or beneficiary.
But the laws of the state in which you reside decide who inherits your individually-owned assets and personal belongings. For example, without a will, not all of your assets pass to your spouse, but, instead, some portion of your estate could pass to your children.
Here are ten things to consider when creating or updating an estate plan:
- You can decide who should inherit your assets by having an estate plan. Without a will, the state statutes decide for you, and it is possible that without a will, you could disinherit someone you believed would receive your estate.
- A comprehensive estate plan not only includes your will and/or trusts but also health and financial powers of attorney to designate agents who can make financial and health care decisions for you if you become incapacitated.
- Who should serve as your fiduciaries? The executor of your estate and your trustee will manage and distribute assets to your surviving spouse and/or children. You will want to designate a guardian for any minor children in your will.
- Are there specific bequests you would like to make? Who would you like to have Grandmother’s china, Dad’s watch or your wedding ring? You can outline such bequests as part of an estate plan.
- Your individually owned assets will be subject to probate at your death. Probate is inefficient, a matter of public record and adds cost and delay to the administration of an estate. Your estate can avoid or minimize probate by establishing a revocable trust as part of your estate plan and funding it with your individual assets during your lifetime.
- Assets directly inherited by minors must be held in a court-supervised guardianship. An application must be made to the court for distributions, and when your child turns age 18, he or she will receive the remaining assets outright. An estate plan can include a trust for your minor children, where you can spell out who can control and distribute assets for them until they reach an age determined to be appropriate by you.
- Do you need to consider special circumstances? Comprehensive estate planning will include contingencies for a child with special needs, a blended family with children from prior marriages or liabilities to a former spouse.
- You can protect your heirs from spendthrift behavior, spousal claims and creditors by establishing trusts for them under an estate plan.
- Asset titling is important. You can consider the proper disposition of your life insurance and retirement accounts by revisiting the beneficiary designations of those accounts. And you can ensure your individual accounts are not frozen at your death by having them owned by a trust or making them joint or payable on death.
- You can protect your business interests by confirming the succession plans for the business. Do the co-owners have an agreement that provides buyouts upon certain events, and do you understand those provisions? Will the buyout be unfunded or backed up with disability or life insurance?
Estate planning is not simply for the very wealthy; everyone should have an estate plan, and these are just some of the initial considerations you should discuss with your estate planning attorney. Of course, when you have a taxable estate, there are even more reasons to develop a thorough estate plan, not only to address the issues above, but also to mitigate your estate tax burden.
Westray Veasey, J.D.
Chief Fiduciary Counsel, Principal
wveasey@trustcompanyofthesouth.com
Disclosures
This communication is for informational purposes only and should not be used for any other purpose, as it does not constitute a recommendation or solicitation of the purchase or sale of any security or of any investment services. Some information referenced in this memo is generated by independent, third parties that are believed but not guaranteed to be reliable. Opinions expressed herein are subject to change without notice. These materials are not intended to be tax or legal advice, and readers are encouraged to consult with their own legal, tax, and investment advisors before implementing any financial strategy.