Fundamental Questions
Who should you entrust with decision making authority?
As part of your estate plan you will need to designate who would make decisions on your behalf in a variety of situations, from the administration of you estate to handling your affairs in the case of you incapacity or disability. This can include power of attorney, medical decision making authority, being trustee or executor or your estate.
Who should inherit your assets?
If you are married, before you can decide who should inherit your assets, you must consider marital rights. If you die without a will or living trust, state law will dictate how much passes to your spouse. Even with a will or living trust, if you provide less for your spouse than state law deems appropriate, the law will allow the survivor to elect to receive the greater amount. Planning for this can become a challenge for people who own property in more than one state.
Once you’ve considered your spouse’s rights, ask yourself these questions:
- Should your children share equally in your estate?
- Do you wish to include grandchildren or others as beneficiaries?
- Would you like to leave any assets to charity?
- Which assets should they inherit?
What are some considerations when transferring certain types of assets?
- If you own a business, should the stock pass only to your children who are active in the business? Should you compensate the others with assets of comparable value?
- If you own rental properties, should all beneficiaries inherit them? Do they all have the ability to manage property? What are the cash needs of each beneficiary?
- When and how should they inherit the assets?
When and how should my beneficiaries inherit my assets?
To determine this, you need to focus on three factors:
- The potential age and maturity of the beneficiaries
- The financial needs of you and your spouse during your lifetimes
- The tax implications