Estate Planning

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It is important to revisit one’s estate planning periodically, as both circumstances and laws can change without notice. If you do not have an estate plan, it is time to create one. You probably have more assets than you think.

First of all, estate planning is an opportunity to designate who will receive your assets upon death or incapacitation. It will also allow you to designate a guardian for your children. With the advice of counsel, your plan will manage assets to minimize estate taxes, gift taxes and any other tax issues. And most importantly, a good estate plan will avoid disagreements between heirs and probate which can be time consuming and expensive.

Begin with an assessment of all your assets, including your home and other real estate, art, collections, vehicles, and jewelry. List your checking and savings accounts, investment accounts, life insurance policies, IRA or 401 accounts and ownership interests in any businesses. Estimate the value in order to divide among your heirs.

A COMPLETE ESTATE PLAN

INCLUDES SEVERAL DOCUMENTS:

POWER OF ATTORNEY

A durable power of attorney allows a person of your choosing to handle financial, legal and other matters if you are otherwise incapacitated. It remains in effect until death or revocation.

REVOCABLE LIVING TRUST

A revocable living trust is an instrument that allows the owner (grantor) of assets to establish a trust for beneficiaries with the help of a trustee. You can be your own trustee with an alternate upon death or incapacity. This document can be amended or revoked as needed. The most important aspect of a trust is that your assets avoid time consuming and expensive probate. MEDICAL CARE DIRECTIVE

A living will specifies your wishes for medical care. A medical power of attorney gives authority to a trusted person to make decisions if you are unable.

WILL

A will, though desirable, is not essential if you have a revocable trust. The main reason to write a will is to include assets which may not be included in one’s trust. A will is meant to simplify things. You can designate child custody and also the recipients of your most valuable possession, such as cars, jewelry or other personal items.