What exactly is estate planning? Simply put, it's the means by which you protect and provide for your family and others close to you. Estate planning is like a blueprint of your financial goals, both before and after death. Your estate plan -- or lack of it -- can affect the way you live, especially in retirement years. And, it can make a real difference in the future welfare of your spouse, children, and others you care about.
A good record-keeping system and surprisingly little preliminary work on your part can save time and help reduce the legal expense associated with the preparation of your estate plan.
Before Meeting With Your Attorney
Take some time to organize the information he or she will need to draft your will or trust documents. By preparing ahead, you'll save legal fees. Most importantly, you'll feel more confident that your attorney has the information necessary to help ensure that these important documents reflect your intentions accurately.
A Checklist to Help
The checklist below can serve as a frame of reference as you assemble the information your attorney will need. Of course, as you proceed you'll probably find it necessary to supply additional information pertinent to your particular situation.
Note whether or not you already have indicated your intentions to the planned recipient.
Don't underestimate the importance of this step. It can be a mistake to assume that people will simply "work things through" on their own. Often it's helpful to discuss openly with family members and close friends your desire for them to have items of sentimental as well as monetary value.
In any case, make certain that your estate planning documents reflect your intentions clearly. This avoids misunderstandings later -- and ensures that a special piece of jewelry or a favorite painting or photograph goes to the individual you have in mind.
A professional executor, for example, relieves family members of what can be a considerable responsibility at a time when they may be least able to cope with weighty decisions. And, because a professional executor is impartial, there is less likelihood of a conflict of interest or family resentment that can occur when the executor also is one of the beneficiaries.
Some individuals, perhaps unwilling to involve a "stranger" in managing their affairs after death, feel more comfortable naming co-executors. This designation combines an objective professional (a bank trust officer or an attorney, for example) with input from a family member.
Again, your attorney can help you decide what's most appropriate for you.
A Closing Word
Keep in mind that will and trust documents are subject to change at any time according to your direction. The birth of a child, for example, your decision to support a particular cause or charitable organization, a divorce, or a host of other situations can be the reason for a change in your plans. Your attorney can explain what "life events" should prompt a review of your plans to ensure continuing accuracy.
Above all, don't be concerned that decisions you make now cannot be modified later should circumstances change. Think of your estate plan as a flexible tool you can use to become part of the future of those you care about.
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