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10 Things Estate Planning
Can Do for You
The first step in planning your estate is identifying your
major objectives. Here are some typical objectives and preliminary suggestions on meeting them.
1. Provide for your immediate family. Couples want to
provide enough money for the surviving spouse. They often
choose to provide this income through life insurance,
particularly for spouses who don't work outside of the home.
Couples with children want to assure their education and
upbringing. If you have children under 18, both you and your
spouse should have a will nominating personal guardians for
the children, in case you both should die before they grow
up. Otherwise, a court will decide without your input where
your kids will live and who will make important decisions
about their money, education, and way of life.
2. Provide for other relatives who need help and guidance.
Do you have family members whose lives might become more
difficult without you, such as an elderly parent or disabled
child, or a grandchild whose education you want to assure?
You could establish a special trust fund for family members
who need support that you won't be there to provide.
3. Get your property to beneficiaries quickly. You want your
beneficiaries to receive promptly the property you've left
them. Options include avoiding or greatly easing probate
through insurance paid directly to beneficiaries, joint
tenancy, POD's a living trust or other means (chapters 2 and 5);
using simplified or expedited probate available in all
states, though sometimes only for very small estates or if
all beneficiaries agree and provide partial
payments to beneficiaries while a will is in probate.
4. Plan for incapacity. During estate planning, most people
these days also plan for possible mental or physical
incapacity. This planning is especially important for single
people. Living wills and durable health-care powers of
attorney enable you to decide in advance about life support
and pick someone to make decisions for you about medical
treatment. In
addition, disability insurance can protect you and your
family if you should become disabled and unable to work.
5. Minimize expenses. Everyone wants to keep the cost of
transferring property to beneficiaries as low as possible,
which leaves more money for the beneficiaries. Good estate
planning can reduce these expenses significantly (see final
sections of this chapter and chapters 2, 3, 4, and 5).
6. Choose executors/trustees for your estate. Choosing
competent executors/trustees and giving them the necessary
authority will save money, reduce the burden on your
survivors, and simplify administration of your estate. It
also will reduce a court's involvement and, in many states,
avoid paying for a bond. See chapters 3 and 10.
7. Ease the strain on your family. Many people take a burden
from their grieving survivors and plan their funeral
arrangements when planning their estate (see chapter 11). Or
you may simply want to limit the expense of your burial or
designate its place. You also can provide for your body to
be cremated or given to medical science after you die.
8. Help a favorite cause. Your estate plan can help support
religious, educational, and other charitable causes, either
during your lifetime or upon your death, and at the same
time take advantage of tax laws designed to encourage
private philanthropy (see chapter 8).
9. Reduce taxes on your estate. Every dollar your estate has
to pay in estate or inheritance taxes is a dollar that your
beneficiaries won't get. A good estate plan can give the
maximum allowed by law to your beneficiaries and the minimum
to the government. This becomes especially important as your
estate approaches the magic number of $1 million, the level
at which the federal estate tax kicks in under current law.
Chapter 8 briefly discusses this topic.
10. Make sure your business goes on smoothly. If you have a
small business, the operation might be thrown into chaos
upon your death. You can provide for an orderly succession
and continuation of its affairs by spelling out what will
happen to your interest in the business. See chapter 7.
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