Estate planning is a process that allows you to distribute your assets and make sure your wishes are known. It’s something that everyone should consider, no matter their financial situation or family structure.
Many people believe that estate planning is solely for the wealthy, although everyone’s financial planning needs it. It can help you avoid estate taxes, protect your possessions, and guarantee that your loved ones will be taken care of after your passing.
Will
A will is a legal document that lets you express who should get what if you pass away. It’s an essential part of estate planning because it helps ensure that your wishes are fulfilled after death.
It’s imperative to meet with a top estate planning attorney in Sacramento and prepare a will whether you want to leave a specific item to one person or guarantee that your entire estate is divided equally among all your children.
If you have a significant amount of assets, it’s usually best to add a trust in addition to a will. A trust allows you to be more specific about who gets what and can also be used to protect your assets.
A beneficiary is someone you have designated to receive your money and property through written documents such as wills, trusts, retirement accounts, and insurance policy beneficiary designation forms. The person you name as a beneficiary may be anyone you choose, but it’s a good idea to select someone close to you who you can trust and who respect your wishes.
Power of Attorney
If you cannot manage your finances or make healthcare choices for yourself, a power of attorney, or POA, enables someone else to do so on your behalf. It’s a crucial estate planning tool and should be used with other planning documents.
If you need a POA, it’s essential to choose someone who you trust and can rely on. It’s also critical to carefully read over the document and ensure it accurately describes your wishes and intentions.
Many state court websites offer template forms, but if you plan to create your POA, it’s best to work with a lawyer. These professionals will have experience with these documents and know what your situation and goals require.
When you decide which power of attorney to use, selecting an agent with the skills and personality to handle your finances and health care well is a good idea. Mistakes and self-dealing by your agent can be costly, so it’s best to choose someone you trust who will abide by your instructions.
Health Care Directive
A health care directive enables you to outline your preferences for the types of medical treatment you would want if you were in the end stages of an illness. It can also provide instructions about how you want to die and whether you are willing to donate organs or tissue.
Most importantly, a health care directive lets you appoint an agent to make medical decisions if you can no longer do so. A healthcare proxy can be someone you know and trust, such as a spouse, parent, or child.
Consider including additional legal documents in your health care directive, such as a living will or a power of attorney for health care, based on the state regulations in your area. These legal tools allow you to accomplish many of the same goals as a healthcare directive and can be combined into one document.
Living Will
The living will is a legal document that lets you make your medical wishes known if you become incapacitated or unable to speak for yourself. It can save your family from having to guess what you would have wanted for yourself or their loved ones in these circumstances.
It also lets you set up a process for your healthcare team to follow your instructions. In some cases, you can even choose to allow your healthcare providers to treat you with certain medications or procedures if it increases the quality of your life.
Conversation with your primary care physician or another doctor you see regularly can help guide you on these specifics. Additionally, consult with an attorney who regularly drafts living wills to ensure your wishes are articulated and enforceable.
It is essential to consider these issues now so that your wishes can be honored if something happens to you. A well-written and properly executed estate plan can minimize the number of assets your heirs will have to pay in taxes after you die.
Trusts
Trusts are an essential part of your Estate Planning, and they can help ensure that your wealth is distributed in the way you wish. They allow you to create a plan for transferring your assets to beneficiaries, including lifetime milestones or a generation-skipping trust.
A trust can also protect a dependent with special needs, prevent a loved one from relying on government benefits, and control how inherited money is used. You can choose from various types of trusts, such as a living or revocable trust, an irrevocable trust, and even a payable-on-death account (or Totten trust).
Trusts are only for some, but they are helpful for many people who have significant assets to distribute. To find out if a belief is right for you and your family, talk to an attorney who has experience creating them.