Creating your own estate plan may be difficult and daunting. To ensure that you cover every part of the plan, you must first understand what an estate plan involves and when you may want the services of an estate planning attorney.
What Is Estate Planning, and When Should You Hire an Estate Planning Attorney?
The estate planning process prepares someone to preserve, manage, and distribute your assets when you die or become incapacitated. Estate planning also includes asset bequests to various heirs or beneficiaries, as well as guardianship of small children and pets. An estate plan must include instructions for settling both state inheritance taxes (if applicable) and federal estate taxes. Your executor should also understand your debts and how to pay them.
An estate planning attorney can assist you in navigating the estate planning process while remaining compliant with your state's regulations. You can handle some of these things on your own, but at key times in the process, an estate planning lawyer can help make your estate plan stronger. Anyone with a substantial estate or complicated assets should consult an estate planning attorney during the process.
There are several phases in the estate planning process. Here are the basics.
1. Determine the Worth of Your Estate
The first stage in estate planning is to inventory and evaluate the worth of your estate. This list may contain, but is not limited to:
Putting up this list may appear intimidating, but it requires you to analyze every asset for your estate strategy. It also allows you to assess the overall worth of your estate, which will assist your estate attorney with estate and inheritance taxes, asset protection, and Medicaid planning. Skipping this step means that heirs and beneficiaries will have to cope with lengthy and probably messy probate processes.
Once finished, it will be considerably easier to amend as your assets, heirs, and beneficiaries evolve.
2. Choose the Recipients
Once you've created your asset list, select how you want to divide the property. For most people, selecting beneficiaries is simple. Their spouse, children, parents, siblings, and other family members are considered natural heirs. Experienced attorneys can point out and assist you with specific legal circumstances, ensuring that anything you want to leave to your beneficiaries does not cause extra complications.
You must also designate beneficiaries for assets passed down outside of your will, such as retirement plans and insurance policies, as well as normal bank accounts, such as checking or savings accounts. This is often done online or through your banking institution. This step permits your heirs or beneficiaries to avoid probate.
Once your beneficiary list is complete, include a residuary provision in your will. This guarantees that you have a catch-all beneficiary for any unlisted assets. An asset without a named recipient cannot be handed down through your will. The asset is treated as if you died intestate (without a will). That is, your state's inheritance rules dictate how the item or goods are distributed, rather than the method you choose. Your heirs and beneficiaries will need to employ a probate attorney to acquire access to your estate.
3. Select an Executor
This individual is in charge of dispersing assets according to your wishes. This role requires organization, responsibility, and trustworthiness. You'll also want someone who knows your desires and empathizes with them. (If you have established a trust, you will pick a trustee with similar qualifications.)
4. Seek Expert Estate Planning Assistance
When you're ready to put pen to paper, it's ideal to employ a professional to assist you with your estate planning documentation. They'll create a thorough plan (or update an existing one) that takes into consideration your assets, family, and future long-term care requirements, as well as any potential inheritance or estate taxes.
To get quality help:
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Ask friends, relatives, and other attorneys for references;
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Check with your state bar organization for a referral service;
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Look for someone qualified in estate planning (if your state gives this certification);
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Interview your prospective estate planner to evaluate whether they are a good fit.
If you have any questions regarding the estate planning process, it is important to speak with a skilled estate planning attorney and maybe a tax adviser. They can help you figure out if you're on the correct track, especially if you reside in a state like Maryland that levies estate and inheritance taxes.
If your estate is substantial or complex (think business challenges, unique childcare concerns, long-term care needs, or nonfamilial heirs) you should consult with an estate attorney and a tax consultant.
5. Consider Establishing a Living Trust
Life occurs. A simple trip to the grocery store might result in an accident that renders you incapacitated. Trust is beneficial in these instances. Aside from such extreme cases, you may simply want to give some safeguards to your heirs or beneficiaries after death.
6. Create a Living Will
Living wills, also known as medical directives, health care directives, or advanced care directives, are critical components of any estate plan. Even if you do not have a will, you should make a living will. A living will inform your family or representative of your desired medical interventions and treatments in certain scenarios. This directive empowers them to make tough decisions on your behalf while avoiding the ambiguity and shame that sometimes accompany end-of-life decisions.
The living will serve as proof of your wishes if your health care professional is confronted by anybody, including health care professionals while carrying out your requests.
7. Establish a Durable Power of Attorney
When you become unable to make financial decisions, this agent will do so on your behalf. If the thought of handing over everything to someone else bothers you, establish a restricted power of attorney to limit the authority of your designated representative.
8. Sign the Paperwork
After you've assessed your assets and picked your beneficiaries and executor, meet with your lawyer to finalize the necessary documentation. This requires attending a meeting and filling out informational paperwork to express what you've accumulated. The lawyer collects your information, prepares your paperwork, and sends it to you for approval. You then have another meeting to go over the materials page by page, noting any changes or revisions. After incorporation, sign (execute) your paperwork. Working with an estate planning attorney at this stage is a smart option since there are regulations to follow. Documents that are not properly performed can easily be invalidated.
9. Prepare to Evaluate
Life evolves, and your estate plan should evolve alongside it. Conduct periodic evaluations. Keep your plan up to date since you may get married, divorced, have a child or grandkids, lose a loved one, start a new career, lose a job, or face any number of other difficult scenarios. You could make a substantial purchase, such as a property, or go through a huge financial disaster, like bankruptcy.
Laws governing inheritance, estates, and taxes alter. All of these scenarios, among others, should make you reconsider your estate strategy. It takes some effort to amend your plan, but you can be certain that you have already avoided the most common estate planning mistake: not drafting one in the first place.