Estate planning is an often complex financial process that nearly all investors should consider. It includes reviewing legal and tax implications, investment strategies and personal questions to ensure your estate is set up efficiently.
As 2022 is quickly approaching, let’s look at some of the most important estate planning documents you should have prepared.
Wills & Trusts
When you think about considering estate planning in 2022, one of the most important documents to consider is your will and potentially a trust. A will is a document that spells out your wishes regarding the distribution of your assets and care of any dependents if needed. A will is heard in probate court, whereas a properly structured trust typically bypasses this process. In many states, the probate process is long and arduous, additionally a will may be contested for a number of reasons.1 A trust is a potentially tax-advantaged way to arrange ownership of your assets and allows a third party to hold these assets on behalf of a beneficiary. Trusts are divided into two categories: revocable and irrevocable. Revocable trusts can be changed and irrevocable trusts usually cannot.2 Another important distinction is that revocable trusts do not offer creditor protection, whereas, a properly structured irrevocable trust can.3
Both of these documents are usually part of a well-crafted estate plan because they have different focuses. By preparing these important documents, you can help protect your legacy and make the transition of assets easier when you are gone.
There are also two subsets to these documents: living trusts and living wills.
What is a Living Trust?
A living trust is a legal document that places your assets in a trust while you are alive and also designates where these assets will go upon your death. Some investors choose to also implement a living trust into their estate planning strategy because it is revocable (meaning that it can be changed), and it may allow your estate to bypass probate, which can be a long and costly process.
What is a Living Will?
You can also set up a living will, which is a directive to physicians that explains your end-of-life medical care preferences. If you are unable to communicate, a living will helps doctors and family members make decisions about your care based on what you would prefer (e.g., CPR, mechanical ventilation, tube feeding, organ donation).
In your living will, you may also specify a healthcare power of attorney, which is an agent who can make important healthcare decisions on your behalf.
A will or trust explains how you would like your assets distributed among beneficiaries, so it’s also important to update your beneficiaries as you build your estate plan. You should have a contingent beneficiary stated on all insurance and retirement accounts, as well as contingent beneficiaries stated in your will or trust. The new year is a great time to review your beneficiaries as things can change (e.g. marriage or divorce, kids and grandkids, new in-laws, etc.) and having an outdated estate plan can be a recipe for disaster.
If no beneficiary is stated and you lack a properly executed will, it is know as dying intestate, and your estate may end up in the hands of the court. Having the court handle your affairs without a will can be an impersonal way to handle your assets because a judge has no familiarity with you and your wishes.
Power of Attorney
Power of attorney (POA) is given to the agent or person you designate to act on your behalf and oversee your will if you are unable to do so. It’s important to designate POA because if you don’t, the court may decide how your will and assets should be managed.
You don’t have to give POA to a family member, either. You can choose a trusted friend or financial advisor to act as the agent of your will, especially if they have a strong financial and estate planning background.
Letter of Intent
A letter of intent might cover other details that aren’t included in a will, such as funeral arrangements or a decision for a particular asset. Unlike a will, most letters of intent aren’t legal documents, but they provide supplemental information for your estate and the more information you have for your beneficiaries, the better. A letter of intent can help supplement gaps in a will and answer questions your beneficiaries or probate court might have.
These are just a few of the important documents you should consider adding to your estate planning strategy in 2022. Talk with your financial professional about everything you need to know when getting your estate in order.
This content is developed from sources believed to be providing accurate information, and provided by Twenty Over Ten. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security.