What is the meaning of estate planning?
Estate planning involves determining how an individual's assets will be preserved, managed, and distributed after death. It also takes into account the management of an individual's properties and financial obligations in the event that they become incapacitated.
Besides making sure your assets get to the people you choose, planning can help minimize income, gift and estate taxes, too. Without an estate plan, and specifically a will, the laws in your state will determine what happens to your possessions, and the courts will decide who gets custody of your children.
- Create an Inventory of Your Possessions. ...
- Consider Your Family's Needs After Your Death. ...
- Decide Who Your Beneficiaries Will Be. ...
- Indicate How You Want Your Estate Divided. ...
- Store Your Documents Properly. ...
- Update Your Estate Plan Regularly. ...
- Seek Help from a Trusted Estate Planning Lawyer.
Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death.
Legacy planning is the act of preparing how you will bequeath your property and assets to your loved ones after your death. It's more or less a synonym of estate planning, but the term has gained popularity among financial advisors in recent years.
On top of that, an estate plan can: Identify someone you trust to make decisions for you if you become incapacitated. Specify who will care for your minor children if you're unable to do so. Help minimize estate taxes and other transfer taxes.
The first step in the estate planning process is to create an inventory of all your assets and debts. Retirement accounts, insurance policies, property, vehicles, and other valuables should all be included in your inventory.
A will covers what will happen to your family and property after you die. An estate plan has a will but also includes other documents protecting your family and property while you are alive but incapacitated. An estate plan guides your loved ones in handling your financial affairs and medical care.
A: The three main priorities of an estate plan are to ensure that your assets are distributed in the way you prefer, that someone else has the authority to make decisions on your behalf if you are unable to do so, and that your beneficiaries are clearly defined.
Why should you have a will? With a will, you can direct where and to whom your estate (what you own) will go after your death. If you died intestate (without a will), your estate would be distributed according to your state's law. Wills make the administration of your estate run smoothly.
What is the role of an executor in estate planning?
An executor of an estate is an individual appointed to administer the last will and testament of a deceased person. The executor's main duty is to carry out the instructions to manage the affairs and wishes of the deceased.
The property that a person leaves behind when they die is called the “decedent's estate.” The “decedent” is the person who died. Their “estate” is the property they owned when they died. To transfer or inherit property after someone dies, you must usually go to court.
A beneficiary is a person (or entity) who is designated to receive the benefits of property owned by someone else. Beneficiaries often receive these benefits as part of an inheritance.
The most common Estate Planning definition is — "the process of making plans for the management and transfer of your estate after your death, using a Will, Trust, insurance policies and/or other devices." Estate Planning has been around for many years, but it's becoming increasingly more and more common.
Probate is the process completed when a decedent leaves assets to distribute, such as bank accounts, real estate, and financial investments. Probate is the general administration of a deceased person's will or the estate of a deceased person without a will.
Estate planning is more of an umbrella approach, with multiple legal considerations. In contrast, succession planning is solely about how your business will continue operating after you pass.
They don't like to think about (or are afraid of) death
Many topics discussed during estate planning sessions require thinking about your death – or a partner's death – and what happens after that. This isn't an easy topic.
- Cost: Estate planning can be expensive, especially if you create a detailed plan. ...
- Time: Estate planning can be time-consuming, as it requires gathering financial and legal documents, making important decisions, and reviewing and updating your plan regularly.
Thinking about dying, even indirectly through estate planning, makes many people uncomfortable. There are various complicated psychological explanations for why this happens. But for many people, it comes down to a belief (perhaps subconscious) that talking about death will somehow hasten it.
Start Estate Planning as Soon as Possible. Many professionals advise making an estate plan as soon as you reach legal adulthood and updating it periodically (or whenever you encounter major life changes).
What is the most common form of estate planning?
Common estate planning documents are wills, trusts, powers of attorney, and living wills. Everyone can benefit from having a will, no matter how small their estate or simple their wishes. Online estate planning services offer basic packages for less than $200.
- Create an inventory. ...
- Account for your family's needs. ...
- Establish your directives. ...
- Review your beneficiaries. ...
- Note your state's estate tax laws. ...
- Weigh the value of professional help. ...
- Plan to reassess.
Your estate consists of everything you own: your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions.
- Wills Aren't Private. When someone passes away with a will, probate proceedings begin. ...
- Wills Don't Have Tax Benefits. ...
- Wills Can Be Challenged. ...
- Wills Get You Out of Intestacy. ...
- Wills Can Include Funeral Preferences. ...
- Wills Can Provide for Your Children.
Using an irrevocable trust allows you to minimize estate tax, protect assets from creditors and provide for family members who are under 18 years old, financially dependent, or who may have special needs.
References
- https://www.nationwide.com/lc/resources/investing-and-retirement/articles/what-is-estate-planning
- https://www.legalzoom.com/articles/4-essential-estate-planning-documents
- https://www.davistoftlaw.com/what-is-first-step-estate-planning/
- https://planning.erdc.dren.mil/toolbox/processes.cfm?Id=0&Option=6-Step%20Planning%20Process
- https://byjus.com/commerce/planning-process/
- https://www.legalzoom.com/articles/do-it-yourself-will-pros-and-cons
- https://smartasset.com/estate-planning/legacy-planning
- https://www.themckenziefirm.com/the-executor-of-an-estate-is-the-employee-not-the-boss
- https://www.nerdwallet.com/article/investing/estate-planning/estate-planning
- https://www.linkedin.com/pulse/three-most-important-things-real-estate-jeff-watson
- https://www.tiaa.org/public/learn/life-milestones/how-to-choose-an-executor-for-your-estate
- https://www.investopedia.com/terms/b/beneficiary.asp
- https://www.legalzoom.com/articles/contingent-beneficiary-vs-primary-beneficiary
- https://www.wikihow.com/Write-a-Simple-Will
- https://www.forbes.com/sites/matthewerskine/2023/03/27/what-are-the-duties-of-a-trustee/
- https://www.courts.ca.gov/8865.htm
- https://www.financestrategists.com/estate-planning-lawyer/executor/what-power-does-an-executor-of-a-will-have/
- https://trustandwill.com/learn/estate-settlement
- https://www.jangattorneys.com/the-pros-and-cons-of-having-a-will/
- https://davidovlaw.com/what-are-the-two-most-important-purposes-of-estate-planning/
- https://ronimmink.medium.com/what-is-a-good-strategy-572a2669cd5a
- https://www.investopedia.com/terms/p/probate.asp
- https://estatelawatlanta.com/what-are-the-disadvantages-of-a-will/
- https://www.justia.com/probate/probate-administration/the-duties-of-an-executor-of-an-estate/managing-assets-during-probate/
- https://www.findlaw.com/forms/resources/estate-planning/wills-and-estate-planning-differences.html
- https://coodes.co.uk/2021/08/what-is-the-executors-year-and-what-does-it-mean-for-a-contested-probate-case/
- https://www.willful.co/learn/estate-planning-vs-will
- https://www.rgpattorney.com/what-are-three-elements-of-an-estate-plan/
- https://eplawcenter.com/estate-planning-vs-tax-planning-know-the-advantages-disadvantages/
- https://smartasset.com/estate-planning/does-executor-have-final-say
- https://www.quora.com/What-is-an-executor-for-an-estate-and-why-would-you-want-to-name-them-as-such
- https://www.posticbates.com/blog/7-reasons-people-delay-estate-planning
- https://www.nerdwallet.com/article/investing/estate-planning/putting-house-in-trust
- https://www.quora.com/What-is-the-difference-between-a-will-and-an-inheritance
- https://stonearchlaw.com/what-are-7-steps-in-the-estate-planning-process/
- https://www.trustworthy.com/blog/get-an-estate-plan
- https://www.investopedia.com/articles/personal-finance/051315/will-vs-trust-difference-between-two.asp
- https://www.modernwoodmen.org/financial-planning/estate-planning/5-key-estate-planning-tools/
- https://orlowskywilson.com/the-consequences-of-failing-to-plan-your-estate/
- https://www.linkedin.com/pulse/making-switch-from-execution-leadership-aida-dinu
- https://davidovlaw.com/what-are-the-7-steps-in-the-estate-planning-process/
- https://www.co-oplegalservices.co.uk/making-a-will/executor-top-tips/
- https://trustandwill.com/learn/what-is-estate-planning
- https://stevensonlawoffice.com/executors-right-to-withhold-money-from-beneficiaries-explained/
- https://www.morganstanley.com/articles/estate-planning-checklist
- https://blog.popularbank.com/04-22-2022/estate-planning-goals-and-strategies/
- https://www.cnb.com/personal-banking/insights/trustee-guardian-executor-meanings.html
- https://www.linkedin.com/pulse/5-essential-elements-strategic-planning-collin-earnst
- https://www.haimolaw.com/importance-business-succession-planning/
- https://www.investopedia.com/articles/06/refuseinheritance.asp
- https://www.progressive.com/answers/life-insurance-beneficiary-vs-will/
- https://www.consumerreports.org/cro/2013/11/how-to-create-a-bulletproof-estate-plan/index.htm
- https://trustpointinc.com/what-trust-is-best-for-you/
- https://www.dhs.gov/employee-resources/blog/2021/01/25/importance-having-will
- https://www.ncoa.org/adviser/estate-planning/estate-planning-guide-checklist/
- https://study.com/learn/lesson/estate-planning-purpose-steps-importance.html
- https://www.allengabelaw.com/the-importance-of-estate-planning/
- https://hessverdon.com/my-brother-cheated-me-out-of-my-inheritance/
- https://www.investopedia.com/articles/pf/07/estate_plan_checklist.asp
- https://www.schwab.com/learn/story/are-your-beneficiaries-up-to-date
- https://trustandwill.com/learn/who-should-be-my-beneficiary
- https://www.usnews.com/banking/articles/bank-account-rules-after-death
- https://dtclawyers.com/resource-article/the-difference-between-an-attorney-in-fact-executor-and-trustee-with-respect-to-decision-making-authority/
- https://www.petrellilaw.com/12-benefits-of-estate-planning-you-need-to-know/
- https://quizlet.com/261177040/overview-of-estate-planning-flash-cards/
- https://www.law.cornell.edu/wex/estate_planning
- https://www.investopedia.com/articles/wealth-management/122915/4-reasons-estate-planning-so-important.asp
- https://www.rbcwealthmanagement.com/en-us/insights/will-vs-a-trust-which-one-is-right-for-you
- https://www.gartner.com/smarterwithgartner/9-steps-successful-functional-strategic-planning
- https://www.cdcfoundation.org/give/will
- https://www.whiteandbright.com/different-types-of-trusts-used-in-estate-planning/
- https://www.metlife.com/stories/legal/types-of-wills/
- https://keystone-law.com/executor-not-communicating-with-beneficiaries
- https://quizlet.com/32164450/estate-planning-flash-cards/
- https://www.estateplanning.com/what-is-estate-planning
- https://www.pcc.edu/foundation/wp-content/uploads/sites/114/2022/01/EstatePlanningGuide_FORM2022compress.pdf
- https://en.wikipedia.org/wiki/Fee_simple
- https://dadavidson.com/News/Perspectives/ArticleID/3646/D-A-Davidson-Survey-Finds-That-Two-Thirds-of-Americans-Do-Not-Have-an-Estate-Plan
- https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/
- https://courses.lumenlearning.com/wm-principlesofmanagement/chapter/the-planning-cycle/
- https://www.legalnature.com/guides/components-of-an-estate-plan-and-how-to-determine-what-you-need
- https://www.extension.iastate.edu/agdm/wholefarm/html/c4-58.html
- https://www.opm.gov/healthcare-insurance/life-insurance/designating-a-beneficiary/thrift-savings-plan-order-of-precedence/
- https://www.mindtools.com/a0chzjm/the-planning-cycle
- https://www.srlawoc.com/articles/are-handwritten-wills-legal-in-california/
- https://gwlawok.com/5-estate-planning-tools/
- https://www.ncoa.org/adviser/estate-planning/living-trust-vs-will/
- https://www.freewill.com/learn/last-will-vs-living-will
- https://www.fidelity.com/viewpoints/personal-finance/do-you-need-an-estate-plan
- https://www.justia.com/probate/probate-administration/the-duties-of-an-executor-of-an-estate/paying-debts-from-an-estate/
- https://www.northwesternmutual.com/life-and-money/the-estate-planning-process-6-steps-to-take/
- https://www.ig.ca/en/articles/2019/06/5-qualities-of-a-successful-executor
- https://tsenglawfirm.com/7-common-reasons-people-avoid-estate-planning/
- https://www.morganlegalny.com/what-is-the-simplest-form-of-a-will/
- https://trustandwill.com/learn/estate-planning-documents
- https://www.legalzoom.com/articles/living-will-vs-last-will
- https://brandingstrategyinsider.com/the-8-ps-to-planning-brand-success/
- https://brainly.com/question/44939949
- https://www.schwab.com/public/file/P-3592399/
- https://www.ramseysolutions.com/retirement/what-is-a-beneficiary
- https://californialivingtrusts.com/resources/articles/net-worth-living-trust/
- https://www.willmaker.com/legal-manual/wills/distributing-your-estate-as-a-single-person.html
- https://www.investopedia.com/terms/e/executor.asp
- https://www.investopedia.com/terms/f/five-by-five.asp
- https://www.investopedia.com/ask/answers/09/5by5power.asp