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Frequently Asked Questions
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What is estate planning?
Why do I need estate planning?
Should I hire a lawyer for estate planning?
What are some other important estate planning documents?
- Durable power of attorney: This allows you to designate someone to make financial decisions on your behalf if you are unable to do so.
- Healthcare proxy or living will: This allows you to designate someone to make healthcare decisions for you if you are incapacitated.
- Trust: A trust is a legal arrangement that allows you to transfer assets to a trustee who manages them for the benefit of beneficiaries. Trusts can be used to avoid probate, minimize taxes, and manage assets for beneficiaries who may not be responsible with money.
Do I need a will?
A will is a core estate planning document that outlines your wishes for how your assets will be distributed after you die. It allows you to name beneficiaries and an executor (the person responsible for carrying out the terms of your will). If you die without a will, the state will distribute your assets according to intestacy laws.
What happens if I die without a will?
Dying without a will is called intestacy. In this case, the state will determine how your assets are distributed according to predetermined laws. This may not reflect your wishes, and could lead to unintended consequences for your loved ones.
What is the difference between a will and a trust, and why would I want a trust?
A will is a legal document outlining how you want your assets distributed after you die. It goes into effect upon your passing and typically requires probate court to validate and oversee the distribution.
While a trust is a legal arrangement where you transfer ownership of assets to a trust entity. A trustee manages the assets according to your instructions, which can benefit you while you’re alive and after you die. Trusts also avoid probate.
Here are some reasons to choose a trust:
- Avoid probate: Saves time and money by bypassing the probate process, which can be lengthy and public.
- Manage assets during incapacity: If you become incapacitated, the trustee can manage your assets according to your wishes.
- Distribute assets according to specific terms: You can set conditions for distribution, such as reaching a certain age or completing specific goals.
- Ensure privacy: Trusts are generally private documents, unlike wills which become public during probate.
In short, a will ensures your wishes are known after you die and a trust offers more control over asset management during your lifetime and after death (with additional benefits like privacy and avoiding probate).
How can I avoid probate?
Probate is the legal process that oversees the distribution of assets after someone passes away. Here are some general strategies to potentially avoid probate, depending on your situation:
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Living Trust: A living trust allows you to transfer ownership of your assets to the trust while you remain in control during your lifetime. Upon your death, the assets in the trust are distributed according to the trust terms, bypassing probate.
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Joint Ownership with Right of Survivorship (JTWROS): Owning property with another person with right of survivorship automatically transfers ownership to the surviving owner upon death, avoiding probate for that specific asset.
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Transfer-on-Death (TOD) Registration: Certain accounts, like brokerage accounts, can be registered with a TOD beneficiary. Upon your death, the asset automatically transfers to the designated beneficiary, skipping probate.
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Beneficiary Designation: Retirement accounts and life insurance policies often allow you to designate beneficiaries. These assets usually pass directly to the beneficiary, avoiding probate.
Important to Consider:
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Estate Size & Complexity: These strategies may not be suitable for all estates. Consider the value and complexity of your assets when choosing a method.
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State Laws: Probate laws vary by state. While these strategies are generally applicable, consulting with an estate planning attorney in your state is highly recommended. They can guide you through the specific legalities and ensure your plan effectively avoids probate.
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