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10
Estate-planning Ideas
All
our lives, we plan. Some of the things we plan,
such as what to have for dinner or the route we'll
take to work, are so trivial they require little
thought. Other things, such as a family vacation or
purchasing a new home, require a great deal of
thought. All day, every day, we plan. Yet, many of
us fail to plan for one of the most important tasks
of all -- what will happen to our possessions once
we're gone.
There
are many excuses for not facing this task. Some
simply believe there won't be enough left to plan
for. Others believe their heirs can work out the
details. Still others simply aren't willing to face
their own mortality.
Planning
for the distribution of your estate isn't
necessarily difficult, but it does require serious
thought. Here are 10 steps to help you with this
most important planning process.
Step 1:
Assemble Your Estate-planning
Team.
One
of the most important decisions you'll make
regarding your estate is who will guide you through
this process. This team often includes four
indiviudals: an attorney, a tax professional, an
investment professional and you. Choose
professionals in whom you have utmost confidence,
and don't be afraid to ask questions.
Step 2:
Determine Your Objectives.
Estate
planning truly focuses on planning for life, your
life and the lives of your heirs. Estate planning
involves financial and tax matters, but it also
involves helping ensure family members are secure.
Discuss your objectives with your team, so they can
suggest appropriate plans.
Step 3:
Create a List of Your Assets.
To
help you create a proper estate plan, your team
must have an accurate list of the assets you own.
Ask your attorney or investment professional if he
or she can provide a document that will help
inventory your assets.
Step 4:
Minimize Administrative Details.
Settling
an estate can involve a barrage of paperwork.
Consolidate your assets, and keep a detailed
inventory of your assets. This will give your
survivors the information needed to re-register any
securities.
Step 5: Draft
a Will.
A
will is a written document that explains how you
want your property dis- tributed. A will is crucial
because it allows you to control how and to whom
your assets are distributed. If you die without a
will, state law will govern how your assets are
distributed. A will is absolutely necessary if you
have children who are still minors because it
allows you to designate a guardian. Once you have a
will, don't file it away and forget it. Take it out
periodically and review it. Things change over
time, and chances are, you'll want to change your
will to reflect those changes.
Step 6:
Reduce Your Probate Estate.
Probate
is a process in which the courts carry out the
provisions of your will. Your probate estate
includes all assets titled in your name when you
die; it does not include life insurance policies or
jointly owned assets. Unfortunately, probate
typically takes nine months to two years to
complete and can cost betwen 2 percent and 5
percent of the value of the estate. In addition,
probate records are public records, so anyone can
access this information. Although it may be
impossible to avoid probate entirely, you may be
able to keep the majority of your estate from
probate and, thus, simplify things for your heirs.
Ask your team if this is appropriate for your
situation.
Step 7:
Determine Your Taxable Estate.
It's
important to distinguish between your probate
estate and your taxable estate. Your taxable estate
consists of the value of your gross estate (the
fair market value of all your assets) less any
deductions. The estate tax is imposed by the U.S.
government on the assets or property you transfer
to others when you die. The Tax Relief Act of 2001
has lowered estate tax rates, but they can still
take a hefty chunk out of your estate. Ask your
team how you can lower your estate tax
bill.
Step 8: Take
Advantage of Estate-tax
Exemptions.
Under
the current law, you can transfer up to $1 million
in assets free of federal estate taxes upon your
death. The amount of the exemption is increased to
$3.5 million prior to repeal of the estate tax in
2010. For example, under current law, if Mary Smith
passes away in the year 2002 with a taxable estate
valued at $1.5 million, her heirs will owe estate
taxes on the amount of Mary's estate that exceeds
$1 million. Thus, Mary's taxable estate will be
approximately $500,000. Learn from your team how to
maximize these exemptions to reduce or eliminate
estate taxes.
Step 9: Hope
for the Best, but Plan for the
Worst.
No
one likes to think about the possibility, but what
if you become unable to manage your affairs? A
durable power of attorney allows you to designate
who will manage your financial affairs should this
happen. This person is known as your
attorney-in-fact. In addition to a durable power of
attorney, consider establishing a health care
directive, or proxy. This allows someone to make
certain health-care decisions for you if you are
unable to do so yourself.
Step 10:
Protect Your Assets With
Insurance.
Medical
expenses in your later years can destroy a lifetime
of work. Even worse, you could be forced to use
your children's or family's resources. Long-term
care insurance and life insurance can help. For
example, life insurance can protect your survivors
from the loss of your income and can provide cash
for your family to help pay taxes and/or expenses
when settling your estate. Ask your team how you
can use insurance to protect you and your
family.
With
these 10 steps and a team of estate-planning
professionals to guide you, you are now ready to
begin planning for the distribution of your estate.
Remember, don't be afraid to ask questions along
the way! Your team can provide invaluable
information and insight.
Estate
planning is a serious task that includes difficult
decisons, but the results are well worth the
effort. By taking time today, you will determine
how your possessions are ultimately distributed.
Don't put off this process! After all, you're not
just planning trivial matters; you're planning your
lifetime's legacy.
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