Category: Philanthropy
Estate Planning Tips
We asked four estate planning attorneys what tips they can share with anyone getting ready to start the will planning process or for those who already made a will.
Here’s what they shared:
DO:
- Research your state’s “law of intestate succession” because that, for all intents, serves as your will until you make one of your own. If it’s other than what you would want to see happen with your estate, see an attorney. For instance, a state’s law of intestacy may split your estate into two shares, one for the spouse and one for the children with a life estate in the residence for the spouse’s lifetime. That may be fine for some, but maybe that’s not your wish and you need to outline your intentions.
- Consult an Elder Law attorney in conjunction with your estate planning to plan ahead, if needed, for long-term care concerns for yourself and your family. This is because Medicaid regulations on gifting greatly differ from federal and state inheritance tax and gift tax regulations. The intersection and conflict between the regulations may negatively impact the care you or a loved one need in planning for disability and nursing care if needed, by seniors in the future.
- Have a clear understanding of who the trusted individuals are that you want in key roles, and who you want to benefit from your estate.
- Sign your will without delay. Many times, clients get started with estate planning but are slow to set up an appointment to sign the documents. They won’t do any good sitting unsigned in a drawer.
- Every five years or so review and update your will as things will change in your life and as laws may change.
DON’T:
- Put off making a will. You are never too young to create a will. Circumstances in life can change quickly, and having a will keeps your estate protected. It’s not always an easy subject to discuss, but it is an important one for you and your family. Most people feel a sense of relief once they finish their will.
- Think you need everything mapped out before contacting an attorney, which leads to putting off the process.
- Assume a will made in one state is viewed the same as when you change residence to another state. State laws vary and may impact your estate plans – check with a local attorney.