There is often confusion, that estate planning is something only rich people or people in their later years need to take care of. This is a real problem because almost everyone but the very poor needs Estate Planning. Wherever you live in the United States, and if you own anything worth over $30,000, including personal things worth nothing to anyone, but you or your family, you will be subject to probate, left to the state to decide who will get, what ever there is. Property, Investments or even a photo album. Put some times aside and do some planning and save yourself a lot of grief and a ton of money in court costs and taxes.
Deciding on who gets what, is the function of estate planning. The most important part is having legal documents, that are acceptable in you state. There should be a step by step outline, expressing your wishes after you are deceased. If you do not have an estate plan, it will be left up to the state. Every state had different rules and trust me, they will not necessary be in your best interest. The state laws will apply, and your assets, will be divided to your wife and other family members according to state law. Guide your own destiny and do not leave it to the state and leave your family in a state of confusion. Have an estate-planning document in place.
People are becoming more educated, but a great many have no provisions, for when they die. There is neither a living trust nor a will in place. For the most part we are consumed with our everyday duties. This is an area we don't like to think about and contemplating our demise is our least favorite subject. But sad as it is a great many people die at an earlier age they expected with out a living trust or a will. The sooner you take care of it, the sooner you can move on, and forget about. Protect your family and whomever you care about and do not put them through the grief that will cause if you have no such document.
So what will be my choices for a living trust and estate planning?
Traditionally, estate planning has involved creating a will. This is the legal document that decides who gets what after you die. Who will be the administration of your estate that will be there to make the decisions you no longer can? Or you can leave it up to probate court.
This procedure can be relatively quick if there are not a lot of financial resources and could be over in a manor of months but if there is real wealth could take years.
Once you have a will, and as long as you have your wits. You can makes changes as many times as you wish. Depending on whom is in favor at the time.
Wills And Living Trust
Your Revocable Living Trust does not need to be changed to incorporate these changes.
However, there are other developments which might be appropriate to consider.
1. You might want to consider a Dynasty Living Trust. The advantage of using the generation skipping tax exemption is greater during the grantor's lifetime. Once property is transferred to a dynasty Living Trust, all appreciation and accumulated income generated by the property until the grantor's death will be exempt from estate tax as long as it remains in the Living Trust. Basically, this is a grown-up Minor's Living Trust.
2. Another more recent development is worth considering. Since after one spouse dies, the Survivor has full control of the Surviving Spouse's Living Trust, including the right to change the beneficiary (through the General Power of Appointment), it is important to insure that the children from the first marriage inherit their deserved portion.
This is what could happen. You die. Your Living Trust divides into two or three shares. Your wife, who has control of the Living Trust, spends your half of the estate, remarries, and leaves her half to the new spouse (not your intention). You may discuss this now with your spouse and decide that the assets you have acquired during your lifetime together belong to both of you. While you still want your spouse to be happy and maybe even remarry, you want your joint assets to be inherited by your children, not the new spouse.
It is possible with the standard A - B - C Living Trust held by most married couple.
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