Estate Planning

Is Estate Planning for Everyone?

Why bother with an estate plan? Only the rich need them to save money on estate taxes, right?

Many people feel their estate is not big enough to bother, so they think estate planning has nothing to do with them.

First of all, a normal working couple with a home, two cars, money in retirement or 401K plans and maybe the start of a college fund for their children can have a surprisingly large estate. So even if estate taxes don’t apply today to you today, they may in the future. Right now there is an effort to abolish or confine estate taxes to only the very wealthy. Of course, Congress changes the tax laws constantly, so there can be no guarantee that this trend will continue.

Of course, estate planning can be used to distribute your taxable estate in such a way that taxes are minimized. There are all sorts of ways to do this and, if you are wealthy enough, your financial planners and attorneys should be working together to do this for you.

But estate planning is more than a method to avoid or reduce estate taxes. Many young families might be surprised to learn they should think about estate planning now.

For the majority of people, estate planning is less involved with taxes and more with who inherits your estate; who cares for your minor children; how you feel about life support measures; or who will control your affairs if you are unable to.

Your estate is all you possessions – savings, home, car, investments etc. If you have a will, your estate will be distributed according to your wishes. If you don’t, they will be distributed under your state's intestate laws.

You would have to check the laws in your state, but it could be that, if you die without a will, your parents would inherit your property, not your wife. Or your money could go to distant cousins and not to your lifelong companion. If you care about this, you need a will.

So the first reason for a will is to have your property to be distributed according to your wishes. If you want to leave your money to the Salvation Army and not your son, this is the way to do it.

Many parents use estate planning to try to rein in their out-of-control children. They may provide for a bequest that starts at an age when the child has hopefully matured, say 35. Or they may make provisions that if their daughter is divorced, no money would pass to the ex-husband.

More commonly, grandparents use estate planning tools to provide for all or part of their grandchildren’s’ college education or choose to bypass their family and leave their money to their favorite charity.

A business owner could pass his business to his partners or employees in order to keep the enterprise running.

A common use of estate planning is to name subsequent or contingent beneficiaries. For example, your spouse would inherit your art collection on your death and on her death it would go to a museum. Or if your son pre-deceases you, you want to leave his share to your first cousin.

Another reason for estate planning through a will is to appoint guardians for minor children or disabled relatives you are now caring for. These should be someone you trust and who have agreed to accept this major responsibility.

If you are leaving a bequest in your will or the proceeds of an insurance policy (which is generally not part of your estate) to a minor or person unable to look after his own affairs, you also need to set up a trust and appoint someone to manage, conserve, invest and dole out this money for the care of the minor or incapacitated person. This could be the guardian or a bank trust department. It's probably better to separate the roles.

If you are ill or facing the prospect of losing your ability to control your own affairs, you can use estate planning techniques, like a durable power of attorney, property transfers or adding a trusted friend or relative as joint owner of your property and bank accounts. There can be dire consequences to doing any of these things incorrectly, so get professional advice first.

You can also prepare a living will, directing how far you want life support measures to go if you are terminally ill.

So estate planning is more than leaving your grandmother’s watch to your daughter.

The proceeds of most life insurance policies and jointly help property with rights of survivorship are not generally part of the probate estate. Many people believe that they can use these devices instead of a will.

However, only the specific property held jointly is transferred to the surviving owner. For example your jointly owned house would be transferred, but not any of your separately held investments.

Also problems arise if there is concurrent death, e.g. an auto accident that kills both the husband and wife.

There can also be adverse tax consequences to passing your property this way.

They are so many different situations and methods of estate planning, it is best left in the hands of a professional, in this case an estate lawyer working alone or in conjunction with your financial planner.

Simple wills are not expensive and can be drawn with the help of advice books or computer software programs.

But if you have to go beyond simple, hire the right professionals.

And be aware of changing circumstances that may effect your estate plans. The tax laws may change, your spouse may divorce or pre-decease you, you might have new children with a new wife or you might have new grandchildren that you did not provide for.

Estate planning isn't a one time affair. You have to make adjustments as your life or the tax code changes.

Estate planning is a complex field. If you have more than a house, car and banking account that you want your wife to get on your death, you should consult a qualified estate planning attorney.

The lack of a clear plan can cause much consternation and discord among surviving family members. If you want to be kept alive on life support, but your family doesn't agree, they might prevail in the absense of a clear living will.

Money is the root of all evil, especially when it causes a family to break apart fighting over the remains of your estate.

Or you simply don't want your good-for-nothing son to get his hands on your money and would rather see it go to your alma mater.

Most of these problems can only be avoid by clearly written and witnessed instructions prepared well before a crisis or bereavement occurs.

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