| So even if estate taxes don't apply
today, they may in the future.
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.
For the rest of us, 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 state intestate
laws.
You would have to check the laws in your state, but
there could be cases 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.
So the first reason for a will is to have your property
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.
Or a business owner could pass his business to his
partners or employees in order to keep the business
running.
A common use of estate planning is to name subsequent
beneficiaries. For example, your spouse would inherit
your art collection on your death and on her death
it would go to a museum.
Another reason for estate planning through a will
is to appoint guardians for minor children or disabled
relatives you are now caring for. 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 appoint someone to manage,
conserve, invest and dole out this money for the care
of the minor or incapacitated person.
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.
You can also provide for 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 held 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 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 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.
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.
Chris Cooper is a retired attorney. Aided by his
wife Aileen, who has an MBA in Finance they endeavor
to provide personal financial planning advice. For
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