|
A death in the family
is always sad and stressful. No one likes to contemplate their own
death, but here are some simple steps to prepare for the inevitable:
1. Family
communication. In many families, death and money are almost forbidden
subjects. Yet some frank discussions with children (or parents) can
help everyone be prepared for the unexpected. At a minimum, key family
members should know the whereabouts of important documents and be aware
of any medical treatment options you want or don't want.
2. Your will. This
legal document dictates how your assets are distributed from your estate
and can be used to designate legal guardians for dependents. These are
decisions you, not the courts, should make. The person named in your
will as executor of your estate will oversee the estate until all assets
are distributed and the estate officially ceases. Choose someone that
is capable of understanding and carrying out your wishes.
3. Your retirement
accounts. You should carefully choose the beneficiary of any retirement
plan you have, including IRAs. In most cases, the person who will get
the assets in your retirement account is the determined by the
beneficiary form you sign and not your will.
4. Irrevocable life
insurance trusts. When you hear that life insurance proceeds are
tax-free, it is only referring to income taxes. If your estate is the
beneficiary of a life insurance policy, the proceeds of that policy are
included in your taxable estate. In many cases, those proceeds are what
increase the size to the point where estate taxes are due. By having
your life insurance policy owned by a life insurance trust, you can keep
the death proceeds out of your taxable estate and potentially reduce any
estate taxes that may be due.
5. Durable power of
attorney for finances. This document gives another person the ability
to make financial decisions for you if you become incapacitated and
unable to make your own decisions. If this power of attorney is
invoked, that person can access your accounts, pay bills, write checks
and handle your investments without going to court to get approval for
transactions.
In this power of
attorney, you should choose someone that is capable and knowledgeable
enough to make decisions on your behalf. It may be an adult child,
sibling or trusted friend. If you don't have someone like that, you may
want to designate your attorney or accountant.
6. Medical
directives. These documents direct how health care decisions are to be
made if you are not capable of making them yourself. A durable power of
attorney for health care gives another person the ability to make
medical decisions and a living will tells your family and medical
personnel how you are to be treated if you become terminally ill. It
also states your wishes about being placed on life support. Some states
may require two forms.
7. Regular estate
planning check-ups. Estate plans should be reviewed on a regular
basis. Many estate attorneys suggest a review every three or four
years. If your situation changes (divorce, death of a spouse, birth of
children or grandchildren, changes in wealth status), you may want to
review your plan more often. In addition, if you move to another state,
be sure to get an estate plan review.
8. Use an expert. The
estate laws are complex and the consequences of being inadequately
prepared are significant. While you may want to do some investigation
on your own, using a qualified attorney for your estate planning needs
is a good idea.
|