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Estate Planning: Avoiding Probate Probate Can Be Costly And Time Consuming. Well Show You A Few

    View: 
After appraisal costs, legal fees, executor's fees, and estate taxes, "The King's" estate was left with only



$3 million2. Because of improper estate planning, a whopping 73% of Elvis' estate was wiped out. So

what did all that money pay for? And how can you avoid some of the same mistakes? Let's find out.

Probate is the (usually lengthy) process of proving if a will is valid, clearing your estate of any debt, and

making sure that no one challenges it. All of this takes place in court, which adds to the costliness. Will or

no will, an estate must go through probate.

But there are ways to reduce or eliminate costs associated with the

complicated legal process. One of the most efficient includes establishing a

trust. Assets and property within a properly drafted trust don't have to pass

through probate. On top of that, upon death, assets are passed on relatively

quickly, especially when compared with probate. Your assets are also more

protected from creditors when placed in a trust.

But trusts aren't your only option. If you choose not to establish a trust, there

are several ways you can help reduce costs. One of the best and easiest ways

is to be prepared. If you have a 401(k), an IRA, a life insurance policy, or all

three, then you have three separate beneficiaries to name. By routinely

updating your beneficiary designation, you avoid unwanted inheritances and

ensure that your wishes are carried out. Any assets that pass through

beneficiary designations aren't subject to probate, which makes their accuracy

even more crucial.

You can also choose to own assets jointly with someone else. From stocks to

houses, if you own something jointly, that property is passed onto the survivor

automatically. Also, many brokerage houses and banks allow you to name a

beneficiary on your personal accounts by establishing a TOD (Transfer on

Death) account. It's one more way that your assets will pass relatively quickly

and easily to whomever you wish. Upon death, your accounts and their contents

will be passed to whomever you've named.

One other option is to gift your assets to family or friends before you pass away.

By gifting the maximum tax-free amount each year ($11,000 in 2005), you

reduce the amount of your estate, which, in turn usually reduces the amount of

probate costs, which are usually based on the total estate value.

By properly planning your estate with a financial professional and an estate

planning attorney, you can increase your chances of decreasing probate costs

and avoiding costly mistakes. While not many people like to discuss their own mortality, the thought of

family, friends, or charity losing large percentages of their inheritance and your estate to costs, fees, and

taxes, should be enough for anyone to start planning.

While Elvis' estate may have been improperly managed early-on, since being bought out by his former

wife, Priscilla and their daughter, Lisa Marie, it has become a major success story. With the proper

management it has grown from a paltry $3 million, to over $250 million.3

The lesson to be learned lies in the stark contrast between proper and improper estate management,

and shows how important an estate plan is, whether you're "the King," or not.

1 Back Room Technician, "Estates of Famous People" chart

2 Stevens, Sue. June 30, 2005. Avoid the Estate Planning Blunders of Marilyn and Elvis. Morningstar.

com http://news.morningstar.com/doc/article/0,1,137725,00.html?asection=archive

3 Floyd, Elaine. March 16, 2001. Elvis Lives! Or His Estate, at Least, Is Very Healthy. Horsesmouth.com

http://www.horsesmouth.com/hm.asp'r=0.2326471

###

This article was submitted by Robert Valentine of Financial and Retirement Management. Robert (CA Insurance Lic #0C23496) is a Registered Representative of and offers securities through Securities America, Inc., a Registered Broker/Dealer, Member NASD/SIPC. Advisory services offered through Financial and Retirement Management, a Registered Investment Advisory firm.
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Robert Valentine has sinced written about articles on various topics from Financial Planning, Retirement and Health Care. Robert Valentine is a well-known expert in the matters concerning investors. His articles on financial planning matters that concern investors have been published by several publications throughout the United States. Please visit his website,. Robert Valentine's top article generates over 12100 views. to your Favourites.
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