Estate planning is a critical part of estate planning. But it can often be puzzling. You must seek consultation from law firm services to make a proper estate plan. However, there are a few vital elements that must be included within your estate plan if you want it to be appropriate. Check out the vital components by digging deeper into the article.
A will is the first legal document that comes to mind when you talk about estate planning. Will estate planning is common for laying out your wishes regarding asset distribution after your demise. People often think that a will must be made by older people.
However, a legal aid attorney will suggest you make a will if you have small children. The children need a guardian to look after them. You can select a guardian for your children and mention the guardian’s name inside the will. The guardian will also look after the children’s finances as long as they don’t become adults.
Trusts will enable others to hold assets on behalf of a beneficiary. You can create trust according to your choice after figuring out the benefits of each kind of trust. The person who will set up the trust will determine when and how the beneficiaries will receive the assets included within the trust.
A revocable trust is created primarily to help beneficiaries avoid the lengthy probate process in court. Revocable trusts are preferred by most middle-class families. You can make changes in a revocable trust during your lifetime.
Irrevocable trusts assist in limiting one’s exposure to estate and federal taxes. It cannot be altered once it is created. Income from assets within an irrevocable trust does not fall under taxable income. The death of the benefactor also does not lead to the assets within an irrevocable trust becoming taxable.
A testamentary trust created within a will has to undergo probate. It is set up after the death of the person who made the will. The terms within a testamentary trust can be subjected to numerous changes by the maker of the will. You can talk to local trust attorneys to determine which type of trust is the best for you.
3. Power Of Attorney
A power of attorney is primarily given to someone who is highly trustworthy. It is usually the spouse. But you can also select a sibling, parent or adult child. The person to whom you grant power of attorney can deal with your finances on behalf of you.
If you are unmarried, you must provide a power of attorney to someone. Usually, in the event of incapacity, the spouse of the individual steps in to deal with finances. If you don’t possess a designated power of attorney, the court will take decisions.
The court will appoint someone suitable to deal with your finances. The person might not be someone whom you trust. The court does not know who will be able to handle your finances responsibly. Therefore, you must talk to a family estate attorney and provide power of attorney to a person of your choice.
4. Healthcare Directives
Healthcare directives have functions similar to a power of attorney. However, it deals explicitly with medical decisions. A healthcare directive comprises two documents, a living will and a healthcare proxy. A living will lawyer will help you in formulating a written statement formulating decisions about your healthcare treatment.
A healthcare proxy entitles someone else to make medical decisions on your behalf if you become incapacitated. It is prudent to have a healthcare directive in place that your wishes regarding medical care are carried out. Simply talking with your family members about the type of healthcare you want is not enough, especially if they disagree. A medical practitioner is bound to follow the instructions provided in a healthcare directive.
5. Beneficiary Designations
Beneficiary designations can be viewed on retirement accounts, bank accounts and life insurance policies. The beneficiary designations determine who will receive benefits from your assets after your demise. While making beneficiary designations, you need to review the needs of the beneficiaries. For instance, you might have a grandchild who is dependent on you for their educational qualifications.
You will realize that incorporating these elements in your asset protection planning can enhance your plan. But the components need to be reviewed on a regular basis. It will ensure that the details within your estate plan are updated as per the changes in your life.
You have to select a legal help firm that can be trusted to offer the best services. You must check the experience of the law firm and its lawyers before seeking consultation from them. It is also wise to take recommendations from people you know while selecting a legal aid service.
Council of Probate Court Judges of Georgia
The Northern District of Georgia