Attorney Lisa Edgar Dickman Examines Estate Planning Essentials
Providing for loved ones before one's passing is of paramount importance. However, many people might not understand the estate planning process, or where to even begin. "Now more than ever there are some questions that are far too critical to be left unresolved if you are to properly protect yourself and your family," said attorney
To help people better understand estate planning, Dickman lists the following five tips:
No. 1: Ensure the trust is properly executed. "When you die without a properly executed trust, the costs of transferring everything you have worked for to your heirs can cost thousands of dollars and take years, as it goes through probate," said Dickman. "This requires that a petition be filed with the court, listing all of your assets, asking that the court authorize someone to act as your executor and obtaining court orders allowing your executor to handle your estate."
No. 2: Designate specific heirs. If a person does not properly designate who will inherit everything after their death, the
No. 3: Plan for guardianship. If one has children that are minors, and one has not made plans for guardianship, a judge of the
No. 4: Understand joint tenancy. This is the way in which many married couples hold property, but does not avoid probate. "The property would still have to go through the courts in order to be distributed, which could result in thousands of dollars in court fees and attorney fees," noted Dickman. "Holding title to property as joint tenants could also cost your spouse thousands of dollars in capital gains taxes, which could result in extreme financial hardship."
No. 5: Periodically review a trust. "If you have a trust prepared before 2004, for example, critical parts of your estate plan may not work," concluded Dickman. "The laws are continually changing and it's imperative to have your trust reviewed periodically to ensure that you have taken advantage of all tax and other benefits available to you and your beneficiaries."
About Lisa Edgar Dickman,
Lisa Edgar Dickman is licensed in
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