Estate planning info & Faqs (2022)

What is estate planning?

Estate planning is the process of organizing your financial affairs and personal property in advance so that they can be managed according to your wishes in the event of your death or incapacity. Please read on to get all the information about how an estate planning process can benefit you.

Why is estate planning important?

Estate planning is important because it allows you to control what happens to your property and assets after your death, and can help to minimize the estate tax liability of your estate.

Without a proper estate plan in place, your property and assets will be distributed according to the laws of intestacy, which may not be in line with your wishes. Additionally, if you die without a will or other estate planning documents in place, your estate will likely be subject to larger tax liability. It's a type of probate process. Your estate, for example, might include your automobile, home, bank accounts, life insurance policies, and investments—and it doesn't matter how big or little—all of these things are part of your estate.

What are some common estate planning tools?

Some common estate planning tools include wills, trusts, Powers of Attorney, and advance directives.

A will is a legal document (an estate planning tool) that sets forth your wishes for the distribution of your property and assets after your death. A trust is a legal arrangement in which you transfer property or assets to a trustee, who then manages and distributes those assets according to your wishes.

A Power of Attorney is a legal document that gives another person like anyone in your family members the authority to manage your financial affairs on your behalf. An advance directive is a legal document that sets forth your wishes regarding medical treatment in the event that you are unable to communicate those wishes yourself.

What should I include in my estate plan?

The contents of your estate plan will depend on your individual circumstances, but there are some common elements that should be included.

First, you will need to designate a personal representative, who will be responsible for carrying out your wishes after your death. You will also need to designate beneficiaries, who will receive your property and assets after your death. Finally, you will need to create a plan for the distribution of your property and assets. This can be done through a will, trust, or another legal arrangement.

What are some common mistakes people make with estate planning?

One of the most common mistakes people make with estate planning is failing to update their plans on a regular basis. As your life changes, so too should your estate plan. Additionally, many people fail to take into retirement accounts the tax implications of their estate planning decisions. This can result in unexpectedly large estate taxes bills for your beneficiaries.

Another mistake people often make is failing to plan for the possibility of incapacity. This can be done through the use of Powers of Attorney and advance directives. Without these documents in place, your loved ones may have difficulty making decisions on your behalf in the event that you are unable to do so yourself.

What should I do if I need to update my estate plan?

If you need to update your estate plan, you should consult with an experienced estate planning attorney. They can help you to revise your existing documents, or create new ones, to reflect your current wishes.

Estate planning is an important process that everyone should go through. By taking the time to plan for your death or incapacity, you can ensure that his or her property and assets are distributed according to your wishes, and help to minimize the tax liability of your estate.

What is a Probate Court?

A probate court is a court of law that has the authority to deal with probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts or courts of ordinary. The purpose of a probate court is to protect the rights of the deceased person's heirs or beneficiaries and to ensure that the deceased person's assets are distributed according to his or her wishes.

If the deceased person did not have a will or living trust, the probate court will determine how to distribute the assets among the heirs or beneficiaries. The probate court may also be responsible for distributing the proceeds from the deceased person's life insurance proceeds or retirement account. In some cases, the probate court may also review and approve a living will or Durable Power of Attorney for Health Care.