Estate Planning Needs
LIVING WILLS:
Drafting a will is a task that no one likes to do, like purchasing life insurance, but it is important for each spouse to have. This will ensure that if something were to happen to either spouse, their assets and belongings go where they would like them to.
GUARDIANSHIP:
This is for couples that have children. If something were to happen to both spouses it is important that a proper guardian be assigned for the surviving children.
TRUST:
There are many benefits of setting up a trust for future asset transfer which you may want to consider. These are often looked at as options only for the ultra-wealthy but can be useful to middle-class households as well. Some things to consider when thinking about setting up a trust:
Avoid Probate: Probate can be a long process, which could leave your surviving loved ones without their inheritance in a very stressful time in their life. Setting up a trust may avoid this process, giving access to these funds more quickly and efficiently. This may also save on attorney fees as well.
Protection of Assets: Setting up a trust can give your family greater legal protection from anyone that may be unhappy about how your assets are distributed.
Flexible Distribution: The grantor (person that establishes the trust) can give conditions for how they would like funds distributed. This is often used when passing money down to children. Stipulations can be put in place about what the money can be used for.
Tax Advantages: Funds distributed from the trust’s principal balance are not taxable to the beneficiary.
Protection from Creditors: Some trusts can protect the assets from creditors, whether creditors intend to collect from the grantor or the beneficiary.
Fees: One of the main drawbacks of setting up a trust that it generally costs more - initially - than setting up a simple will.
POWER OF ATTORNEY:
There can be either medical POA or financial POA. This person is someone you can trust to make decisions on your behalf when you are no longer able to.
HEALTH CARE PROXY:
This document allows each spouse to make medical decisions on behalf of the other if they should become incapacitated. A Health Care Proxy can be set up for children as well if something were to happen to both parents. See our healthcare topics for more information about medical coverage options.