Let?s get one thing straight right off the bat ? estate planning is not about death. If you look at it like that, you?ll be dragging it out forever. Considering death is dwelling on the negatives when estate planning is all about dwelling on the positives : financial security and surety for your family.
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The conjugal deduction is an important estate planning tool. It provides that any assets passing to a surviving partner pass tax free at the time the 1st spouse dies ( assuming the surviving better half is a U.S. Citizen ). But the marital deduction ends after the first death.
You can just imagine the kind of arguments that can arise when children don?t agree on the care of their parent. You can eliminate that situation by designating one kid to be your attorney-in-fact. Clearly state in writing through your Living Will and your health-care power of attorney, what your precise wishes are. Communicate those to your youngsters, particularly your chosen representative. Then if the time comes, you?ve greatly eliminated any likely misunderstanding and absurdity.
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The most complicated document is probably going to be you?re Will. How you would like your assets to be distributed and details of specific gifts you need to make, should all be mentioned in here. It should also contain details about how you would like to allow for your funeral costs and Inheritance Tax payment.
The trust?s assets are typically defended from the beneficiary?s creditors as the trust owns the assets not the beneficiary. Note : The trust?s assets aren?t typically protected from your lenders. Because a living trust is revocable your lenders can usually go after the assets.
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Congratulations, you?ve made your estate plan. When should you make changes or update the documents? It actually depends. Typically, if something major happens , such as a death of partner or beneficiary, divorce, adoption of new kid, or winning the lottery. Please consult a certified estate planning attorney.
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