Every now and again, it’s helpful to go back to the basics. This blog will go back to the basics of estate planning to talk about how and why everyone should have an estate plan. Forbes’ recent article entitled “Estate Planning Basics” explains that everybody has an estate.
No matter how BIG or small your net worth is, estate planning is a process that addresses how and to whom you leave your assets when you die and names decisionmakers who will wind-up your affairs at death and make financial, medical or personal decisions for you if you cannot yourself.
An estate is nothing more or less than the sum total of your assets and possessions of value. This includes:
- Your car
- Your home
- Financial accounts
- Investments; and
- Personal property.
Part of estate planning is deciding which people or organizations are to get your possessions or assets after you’ve died. This includes determining how to give it to them, and that plan addresses concerns such as marital status of the beneficiary, how they are with money, addiction problems, taxes and so on.
It’s also how you leave directions for managing your care and assets if you are incapacitated and unable to make financial or medical decisions. That is done with powers of attorney, a healthcare directive and a living will.
This is a very important aspect of estate planning, and you can learn more here: https://galligan-law.com/power-of-attorney-why-it-is-important/
One of the biggest reasons people don’t have an estate plan is they assume they have no “estate” to be concerned with. It might be true they don’t have much money, but everyone should consider naming individuals to act for them if they become incapacitated, ill or otherwise need help making decisions.
It also designates who can make critical healthcare and financial decisions on your behalf should you become incapacitated. If you have minor children, your estate plan also lets you designate their legal guardians, in case you die before they reach 18. It also allows you to name adults to safeguard their financial interests.
You can also create a trust to safeguard a minor child’s assets until they reach a certain age. You can also keep assets out of probate. That way, your beneficiaries can easily access things like your home or bank accounts.
All estate plans should include documents that cover three main areas: asset transfer, medical needs and financial decisions. Ask an experienced estate planning attorney to help you create your estate plan covering these three basic areas.
Reference: Forbes (Nov. 16, 2022) “Estate Planning Basics”