Estate Planning Frequently Asked Questions
What is estate planning, and why is it important?
Estate planning involves creating a comprehensive plan to manage and distribute your assets upon your death or incapacitation. It ensures that your wishes are followed, minimizes taxes, and expenses, and provides for your loved ones' financial security.
When should I start estate planning?
It's never too early, nor too late, to start estate planning! Life is unpredictable and having a plan in place ensures that your assets and loved ones are protected in case of unexpected events. If you have assets or dependents to consider, you should consider having an estate plan in place.
What documents should be included in my estate plan?
Your estate plan should typically include at least the following documents:
Last Will and Testament: Specifies how your assets will be distributed after your death (commonly known as a will).
Financial Power of Attorney: Authorizes someone to make financial decisions on your behalf if you become incapacitated.
Healthcare Power of Attorney: Authorizes someone to make medical decisions on your behalf if you become incapacitated.
Health Care Directive: Spells out what medical treatments you do or do not wish to have should you become terminally ill or incapacitated.
Your estate plan may also include one or multiple trusts, depending on your circumstances and goals.
How does estate planning help minimize taxes?
Proper estate planning strategies can help minimize estate taxes, gift taxes, and income taxes. For instance, utilizing trusts, gifting strategies, and charitable contributions can help reduce the overall tax burden on your estate. Because everyone’s unique circumstances can vary so widely, consulting with a financial advisor and an estate planning attorney will ensure that you employ the most effective tax-minimization strategies for your specific situation.
What is probate, and how can I avoid it?
Probate is the legal process of validating a will and appointing an executor or personal representative. A common objection to the probate process is that it can be time-consuming, expensive, and subject to public scrutiny, adding increased stress to friends and family at a time already fraught with high emotions and uncertainty.
A will, as mentioned above, becomes validated through the probate process, while a trust may avoid probate entirely. Furthermore, some assets (such as retirement accounts, property held as Joint with Rights of Survivorship) also avoid probate entirely.
Can I update my estate plan if my circumstances change?
Absolutely! Your estate plan both can and should be reviewed and updated regularly, especially when major life events occur – marriage, divorce, birth or adoption, the passing of a loved one, and so on. Regularly revisiting your estate plan ensures that it remains aligned with your current goals and wishes.
Should I involve my family in the estate planning process?
While certainly not mandatory, involving your family in the estate planning process can provide several benefits. Openly discussing your wishes and intentions:
Can minimize confusion and conflicts among your loved ones.
Can provide you with confidence that your wishes and intentions have been clearly communicated.
Can ease the transition process once it arrives.
Remember, while this FAQ provides general guidance, every individual's estate planning needs may differ. It's crucial to consult with a qualified financial advisor and an experienced estate planning attorney to tailor a plan that best suits your specific circumstances and goals.
Sources:
Helpful information about the law in Washington.org. (n.d.). https://www.washingtonlawhelp.org/resource/health-care-directive-or-living-will
Introduction to wills. American Bar Association. (n.d.). https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/an_introduction_to_wills/
Living trust vs will: Key differences: NCOA. National Council on Aging. (2023, May 5). https://www.ncoa.org/adviser/estate-planning/living-trust-vs-will/#:~:text=A%20will%20is%20a%20simple,be%20managed%20by%20another%20person.
Will, T. & (2021, May 25). What is estate planning? Estate Planning Basics. Trust & Will. https://trustandwill.com/learn/what-is-estate-planning