The Latest News Estates and Trusts

Failing to plan your estate can create challenges for your survivors in the long run. That’s why everyone needs a will regardless of the size of your estate.

Wills are often viewed as tools of the wealthy for ensuring an estate stays intact and assets are distributed to chosen heirs in a particular way. If you are someone with very few assets or assets that are of little to average value, you might assume a will is unnecessary. Unfortunately, failing to plan your estate can create challenges for your survivors in the long run.

The Centers for Disease Control and Prevention estimates that more than half a million elder Americans are victims of financial elder abuse on an annual basis. This number is expected to increase as the Baby Boomer generation ages and there are more seniors needing care and supervision. If you want to protect your estate, even if it is what you consider average or below average, or you have non-financial assets to protect, you must create a will.

You Need a Will If You are a Parent
First and foremost, no matter your net worth or assets, if you are a parent you need to create a will. This ensures that if you – and your partner if he or she shares parenting responsibilities – are unable to care for your children, a guardian of your choice will be appointed. There is a chance your children will end up in the care of this person anyway, but why risk it? Stating your wishes in a will shortens the legal process and avoids any questions.

In addition to providing instructions regarding the care of your children, a will can also be used to minimize the taxes owed on your estate and potentially avoid the lengthy probate process. Taxes on estates can be as high as 50%, but an attorney experienced in estate planning can help you create an arrangement that protects as much of your estate as possible from Uncle Sam.

You Need a Will Even If You Do Not Own a Home
If you own any possessions at all and you want them to be given to specific people upon your death, you must create a will. Even if your estate amounts to nothing more than a cell phone and a few baseball cards, if you want to appoint an heir, a will is necessary. Without one, the state chooses your heirs and determines how much each receives.

You Need a Will Now, Not When You are Older or Unhealthy
You want to create a will as soon a possible because in addition to protecting your estate, it creates a legally binding plan for your own care. Though you might think a will is not necessary until you are older or a parent, this document is used to guide decisions about your health care in the event of an accident or illness. This is known as durable power of attorney for healthcare and it ensures your wishes are honored if you suffer unexpected injuries or illnesses that prevent you from communicating your wishes in real-time. This includes whether to use life-sustaining measures to prolong your life.

Durable power of attorney can also apply to financial issues. A will allows you to assign power of attorney to a trusted relative, friend, or even your lawyer. He or she will be in charge of making decisions about your money on your behalf.

Not sure where to begin when it comes to creating your will? An attorney can help you with important decisions and the creation of a document that will be accepted by the legal system in your state.

If you want to protect your family, and alleviate your concerns about “what happens”, call Concetta Spirio at 631-277-8844 today to learn about the benefits of having a Trusts, Wills and Estates attorney on your side. This is a no obligation initial consultation with personal service.

Source:
www.cdc.gov/violenceprevention/pdf/em-factsheet-a.pdf

End of life or estate planning is about getting plans in place to manage risks at the end of your life and beyond. And while it might be uncomfortable to discuss or plan for the end, everyone knows that no one will live forever. Sometimes it takes a significant event like a health scare to shake us from our procrastination. Don’t wait for life to happen to you, though. You want to make sure all you have worked hard for goes to the people you want it to go to and lastly you don’t want it going to the State!

10 Things to Remember

1. Make a Plan.
2. Update as life and plans change and new blessings come into your life 😊
3. Plan for disability and long-term care.
4. If estate taxes are applicable make sure they are accounted for.
5. Make sure ownership of personal as well as real property are properly titled and MAKE SURE beneficiaries are correct and properly named and updated overtime as things in life are always changing.
6. Understand and know what your liquidity is.
7. Consider tax impact of income taxes for you and your beneficiaries.
8. If you have minor children, are they provided for financially?  Have a plan.  Who will care for them?  Who will take care of their finances?  Does not have to be the same person!
9. If you are leaving a gift to a charity or an organization, church, temple, or any nonprofit, make sure you have the required information so the gift will be honored.
10. Make sure you are aware of beneficiaries on retirement assets and know the impact.

Selected excerpt(s) and linked article courtesy of Jamie P. Hopkins, Director of Retirement Research at Kiplinger.
Selected photo(s) courtesy of Getty Images.

The Benefits of Thoughtful Estate Planning

Thoughtful estate planning is an important part of financial management, offering numerous advantages to individuals and their families. This proactive approach involves careful preparation for the distribution of assets and the management of affairs in the event of incapacity or death. By considering one's wishes and goals and implementing a comprehensive estate plan, you can create peace of mind and security for you and your loved ones. Our friends from Cohen & Cohen discuss these benefits in more detail below.

Maximizing Asset Protection and Preservation

One of the primary benefits of thoughtful estate planning is the ability to protect and preserve assets for future generations. By establishing a clear plan for asset distribution, individuals can ensure that their wealth is transferred to their chosen beneficiaries according to their wishes. This minimizes the potential for disputes among family members and provides financial security for heirs and beneficiaries.

Minimizing Tax Implications

Thoughtful estate planning empowers individuals to minimize the impact of estate taxes and probate fees on their assets. Through strategic measures such as establishing trusts, making lifetime gifts, and leveraging tax exemptions and deductions, individuals can reduce the tax burden on their estates and maximize the amount of wealth passed on to their heirs.

Healthcare Preferences

Estate planning allows individuals to make critical decisions regarding healthcare and medical treatment. By creating advance directives such as living wills and healthcare proxies, individuals can specify their preferences for medical care in the event of incapacity. This allows for their wishes to be honored and that they receive the appropriate medical treatment according to their values and beliefs.

Appointing Trusted Representatives

Thoughtful estate planning facilitates the appointment of trusted individuals to manage affairs in times of need. By naming executors, trustees, and guardians for minor children, you can rest easy in the knowledge that your affairs will be handled competently by professionals acting in your best interests. This provides clarity and direction during challenging times and alleviates the burden on loved ones.

Protecting Assets from Creditors

Furthermore, estate planning enables individuals to shield their assets from creditors and legal challenges. Through the implementation of asset protection strategies such as irrevocable trusts and legal entities like limited liability companies (LLCs), individuals can safeguard their assets from potential claims and lawsuits. This preserves wealth and ensures integrity for the benefit of their heirs and beneficiaries.

Thoughtful estate planning offers a wide range of benefits that extend beyond financial considerations. From protecting assets and minimizing taxes to ensuring healthcare preferences and appointing trusted representatives, estate planning provides individuals with peace of mind and security for themselves and their families. By taking proactive steps to develop a comprehensive estate plan, individuals can reap the rewards of thoughtful estate planning and leave a lasting legacy for generations to come.

Consulting with a knowledgeable attorney is the best way to start your estate planning journey. With their expertise, you can confidently create a plan that effectively addresses your specific needs and goals.

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

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