What are the most common estate planning documents?
Common estate planning documents are wills, trusts, powers of attorney, and living wills.
A comprehensive estate plan typically includes four estate planning documents. These documents include a financial power of attorney, an advance care directive, and a living trust or a last will. Here's what each of these documents accomplishes.
- A will. Also known as: a last will and testament. ...
- A living will. Also known as: an advance directive. ...
- Durable health care power of attorney. It appoints: a health care proxy. ...
- Durable financial power of attorney. It appoints: an attorney-in-fact or agent.
- Wills and Trusts. ...
- Durable Power of Attorney. ...
- Beneficiary Designations. ...
- Letter of Intent. ...
- Healthcare Power of Attorney. ...
- Guardianship Designations.
Estate planning is an action plan you can use to determine what happens to your assets and obligations while you're alive and after you die. A will, on the other hand, is a legal document that outlines how assets are distributed, who takes care of children and pets, and any other wishes after you die.
- CREATE AN INVENTORY OF WHAT YOU OWN AND WHAT YOU OWE. ...
- DEVELOP A CONTINGENCY PLAN. ...
- PROVIDE FOR CHILDREN AND DEPENDENTS. ...
- PROTECT YOUR ASSETS. ...
- DOCUMENT YOUR WISHES. ...
- APPOINT FIDUCIARIES.
A: The three main priorities of an estate plan are to ensure that your assets are distributed in the way you prefer, that someone else has the authority to make decisions on your behalf if you are unable to do so, and that your beneficiaries are clearly defined.
These specific documents are a will, a living revocable trust, a durable power of attorney for healthcare and an advance directive. Here is an overview of what each of these documents does and why Orman feels they are essential for everyone to have.
While a will is a single tool, an estate plan involves multiple tools. Some common inclusions are wills, powers of attorney, advance directives, trusts and more. Estate plans can involve both durable power of attorney for your finances and healthcare power of attorney for medical decisions if you're incapacitated.
Common documents include a will, durable power of attorney for finances, and a living trust. Share this infographic to spread the word about getting your affairs in order. A will specifies how your estate — your property, money, and other assets — will be distributed and managed when you die.
What is the most important thing to put in a will?
Money. This might be the most important part of your Will. It means your loved ones know exactly where you have money set aside for any outstanding debts. These could include end-of-life care, medical or funeral expenses as well as, if there are any, probate costs.
- A will. ...
- A letter of explanation. ...
- List of financial accounts and beneficiaries. ...
- Personal inventory. ...
- Power of attorney. ...
- Life insurance policies. ...
- Real estate records. ...
- Tax returns.
Here are the items that you absolutely can and should include in your Will: Your basic personal information. Legal language that declares testamentary intent. Your appointed executor.
- Making an inventory of assets and debts. ...
- Choosing an executor. ...
- Selecting beneficiaries. ...
- Appointing guardians. ...
- Drafting your will. ...
- Reviewing and updating your will regularly. ...
- Safeguarding your will.
An executor of an estate is an individual appointed to administer the last will and testament of a deceased person. The executor's main duty is to carry out the instructions to manage the affairs and wishes of the deceased.
The actual process is that the executor submits a petition for probate, and then the court gives Letters Testamentary to the executor. Letters Testamentary is an official court document that bestows the authority to act on behalf of the decedent's estate.
The “5 by 5 Power” is simply a way to provide some parameters around the access a beneficiary has to the funds in a trust. It basically means that in each calendar year, they have access to $5,000 or 5% of the trust assets, whichever is greater.
The first step of estate planning is to list all of your assets and get a general idea of how much they are worth. While valuation is straightforward for most assets, it can be difficult with intellectual property like your music copyrights.
Step 1: Determine Your Estate Planning Goals
By determining what exactly your estate plan should accomplish, you can determine what types of documents your estate plan will include, such as a trust, a will, a living will, etc.
A Will or Trust
Every estate plan includes some form of will or trust, as they are one of the main elements of any plan. There are a variety of wills and trusts that you can choose from, depending on what you think works best for your situation.
What is an estate plan when should you get one?
When Is an Estate Plan Required? Many financial consultants advise that an estate plan is required as soon as you reach legal adulthood and to update it every 3 to 5 years afterward. This is because you are now legally responsible for your money, healthcare (in some areas), and power of attorney at 18.
Besides making sure your assets get to the people you choose, planning can help minimize income, gift and estate taxes, too. Without an estate plan, and specifically a will, the laws in your state will determine what happens to your possessions, and the courts will decide who gets custody of your children.
Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust. But what everyone really needs is some good advice. Living trusts can be useful in limited circ*mstances, but most of us should sit down with an independent planner to decide whether a living trust is suitable.
ATM slips can be tossed once you've checked them against your monthly bank statement. Utility bills and phone bills can be shredded after you've paid them unless they contain tax-deductible expenses.
You avoid probate court, which keeps the details of your estate private after your death and ensures your assets will be efficiently distributed. You can still manage your assets within the trust throughout your lifetime and can chose to move assets in or out of it as you please.
References
- https://vandyckfirm.com/blog/here-are-12-documents-you-should-prepare-now-for-your-heirs/
- https://www.rgpattorney.com/what-are-three-elements-of-an-estate-plan/
- https://www.investopedia.com/ask/answers/09/5by5power.asp
- https://www.northwesternmutual.com/life-and-money/the-estate-planning-process-6-steps-to-take/
- https://www.suzeorman.com/blog/Revocable-Living-Trust-Do-You-Need-One
- https://trustandwill.com/learn/what-to-include-in-a-will
- https://www.ascap.com/help/my-ascap-membership/estate-trust-planning/estate-planning-basic-steps
- https://www.flclaw.net/what-are-the-steps-to-the-estate-planning-process-california/
- https://www.care.com/c/4-legal-documents-every-adult-needs/
- https://www.investopedia.com/terms/e/executor.asp
- https://www.legalzoom.com/articles/4-essential-estate-planning-documents
- https://www.rgpattorney.com/what-are-the-five-most-important-estate-planning-documents/
- https://www.investopedia.com/terms/e/estateplanning.asp
- https://www.trustworthy.com/blog/get-an-estate-plan
- https://www.nationwide.com/lc/resources/investing-and-retirement/articles/what-is-estate-planning
- https://trustandwill.com/learn/creating-a-will
- https://www.nia.nih.gov/health/advance-care-planning/getting-your-affairs-order-checklist-documents-prepare-future
- https://semmes.com/articles/living-trusts-panacea-or-pandoras-box/
- https://www.stuarttinleylaw.com/blog/2024/01/the-seven-steps-of-preparing-a-will/
- https://smartasset.com/estate-planning/estate-planning-vs-will
- https://www.investopedia.com/articles/pf/07/estate_plan_checklist.asp
- https://aplusfcu.org/blog/keep-or-toss-how-long-should-i-hang-onto-my-financial-documents
- https://smartasset.com/estate-planning/executor-of-estate-form
- https://finance.yahoo.com/news/4-documents-suze-orman-says-140021085.html