Think creating an estate plan is only for the very wealthy? The truth is that almost everyone should have one.
Not only can an estate plan help pass your assets on to your family and determine who should make medical decisions on your behalf if you’re incapacitated, it can also help give your loved ones peace of mind in case of the worst.
Creating an estate plan is easier than you think. Here are five steps to help you get on the right track.
A power of attorney is a legal document that grants another person the ability to make financial or medical decisions for you in the event that you become incapacitated. Such decisions may include liquidating investments to pay for medical bills, managing your insurance, and, in the case of a medical power of attorney, making sure you get the medical care and interventions that you want.
Financial and medical powers of attorney are two different legal documents and it may make sense for them to name two different people. In the case of designating a financial power of attorney, consider someone you trust wholeheartedly. This person will be opening your mail, contacting your banks, transferring your assets, and paying your bills, if needed. He or she doesn’t need to be a financial whiz, but you should trust this person to make pragmatic and thoughtful decisions on your behalf.
Your medical power of attorney—this role may also be called your health care proxy, depending on where you live—will make medical decisions on your behalf. This person will use your living will (also known as an advance health care directive in California) as a guide for determining the care you desire. Many people designate a spouse or parent in this role. Whomever you choose, have a proactive conversation so that you can answer important questions and make your health care proxy’s job easier in the event that he or she ever needs to fulfill the role.
Your estate plan does more than disperse your financial assets; it also provides guidance for your loved ones regarding your preferences for end-of-life medical intervention, in case you can’t communicate for yourself. A living will can provide much-needed guidance for your medical team and family, especially when a decision isn’t clear.
Most living wills address instructions for handling the following:
These documents can be as specific as you like, and can denote your religious preferences and any plans for organ donation.
Your attorney can help you draft a living will along with the rest of your estate plan. Make sure you send a copy to your primary care physician to ensure that your living will is easily accessible and becomes part of your medical record. These documents are also often coupled with the medical power of attorney paperwork, so consider making sure your doctor has access to all your important medical directives.
You probably have a distinct idea of who you want to inherit your assets or raise your children. But if you don’t record your preferences in a will, a judge may make a decision that’s far from what you intended. In California, a person who dies without a will dies intestate, and the laws of intestate succession are used to decide who will inherit the decedent’s estate. If the person was married at the time of death, his or her surviving spouse will inherit the entire estate. If not, determining the heirs will involve answering a series of questions about the person who died.
Will documents can be as simple or as complex as your estate requires. Begin by contacting an experienced attorney who can walk you through the process. Many offer flat fees for drafting a basic will, which can range from $300 to $1,000 or more. You may also want to consult with your financial advisor to help you inventory and organize your financial assets.
You’ll also need to designate an executor—the person or institution who will oversee the management of your estate and will carry out the instructions of your will. (You may also want to designate an alternative executor in case the person you choose is unable or unwilling to serve as executor.) Their tasks may include taking inventory of your assets, selling your property, and paying your taxes. In selecting an executor, choose someone you view as responsible, levelheaded, and trustworthy. Also make sure they’re willing to take on the responsibilities of being the executor of your estate.
There’s a common misconception that trusts are only for the very wealthy. Yet a trust can play an important role in many estate plans. They give you more control as to how assets are distributed and allow you to keep the details of your assets out of the public eye after you die.
In addition, trusts can:
People may often use a trust in conjunction with a will, but trusts can be more expensive. Creating an estate plan that includes a trust can cost from approximately $1,000 to more than several thousand dollars, depending on the complexity of the situation and assets involved. The expense of building an estate plan is generally a one-time fee. However, there may be recurring costs associated with the administration of certain kinds of trusts or with the revision of your plan over time.
There are many kinds of trusts, each with specific advantages and disadvantages. One of the most common is a living trust, which lets you retain control of the assets you place in the trust while you’re alive, then transfers them to your beneficiaries after your death. A trust can also be named as a beneficiary; however, neither UC nor Fidelity act as trustees or as trust administrators.
If you do establish a trust, you’ll need to name a trustee. The trustee is responsible for making sure the trust does what it intends. The trustee’s responsibilities include managing the assets, ongoing administration, and tax filings for the trust, as well as making distributions to beneficiaries according to the terms of the trust. For instance, you may want your children to use the trust funds only for higher education. Your trustee would make distributions from the trust in accordance with the trust document.
When choosing a trustee, pick someone you trust. Consider his or her age (often you want someone younger) as well as how confident you are in their decision-making ability. A trustee may be a sibling or a close family friend, but also can be an independent corporate trustee with no ties to your family.
Creating an estate plan is a great accomplishment. But it’s not a plan that should sit around gathering dust. Indeed, you’ll likely need to update your plan regularly so that it continues to reflect your wishes and needs, which may change along with your family and finances.
Also consider updating your beneficiaries. Most financial accounts, such as insurance policies, retirement savings accounts, or brokerage accounts, require you to designate a beneficiary, and these beneficiary designations typically trump any directions in a will. The estate planning process is a good time to make sure you’ve identified beneficiaries in each of those accounts, and to consider whether those beneficiary designations mesh well with your overall estate plan.
Experts recommend reviewing your estate plan every two to five years, and updating it after major life events, including marriage and remarriage, divorce, births or adoptions, and deaths. Changes in your financial goals; purchases of large assets such as a home; or major financial events such as a bankruptcy, retirement, or business sale, are also important milestones that justify a review of your estate plan.
Procrastinating on creating an estate plan is certainly tempting. But having a well-conceived plan is more than worth the time and money it will take to build it. You’ll give your loved ones the authority they need to navigate a tough situation. And that means you can rest easy, knowing that if something unexpected happens, you’re prepared.
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