Art Cambridge Financial
Estate Planning
Estate plan
Will
Living Trust
Power of attorney health
Power of attorney property
Beneficiary provisions
Missouri probate law
Estate transfer
Tax issues
Art tip
Some people brush off estate planning thinking they will not need it in the short term and can therefore postpone it, or put it on the "to do" list and ignore it for as long as possible!
Hopefully you will live a long and happy life! But get the additional peace of mind with an estate plan, not having one can be very expensive!
Do not let this be a taboo family discussion area it is far too important.
This is about providing peace of mind throughout your life. Be very positive about what you are doing, and get it done!
Smart estate planning involves timely and efficient asset transfer at the time of death to chosen dependents and beneficiaries according to written documented wishes.
Art tip .....Save money
Save money before you see a lawyer by getting your important documents organized click here for free organizer
Estate planning stages.
Children guardianship stage.
It is important to distinguish and protect family needs for dependent children. Many families get life insurance to cover the costs of bringing up children in the unfortunate situation where one or both parents may die before their children are through schooling and self sufficient. At the same time many parents outline guardianship for their children (who they would like to take care of them as "guardians") Generally guardianship needs diminish as children reach their end of schooling.
After children guardianship stage
Parents guardianship
With the children schooled and starting careers another area of guardianship has been emerging for many families parent guardianship. This increasingly for many families is a difficult area to discuss.
(see parents needs planning section click this link) Get this on the table!
Remenber this is about you protecting them.
Art....Top 10 Estate Planning tips and information snips.
1.No matter your net worth, it's important to have a basic estate plan in place.
Such a plan ensures that your family and financial goals are met after you die.
2. An estate plan has several elements which can be matched to best meet your needs.
They can include: a will; assignment of power of attorney; and a living will or health-care proxy (medical power of attorney). For some people, a trust may also make sense. When putting together a plan, you must be mindful of both federal and state laws governing estates.
3. Taking inventory of your assets is a good place to start.
Your assets include your investments, retirement savings, insurance policies, and real estate or business interests. Ask yourself three questions: Whom do you want to inherit your assets? Whom do you want handling your financial affairs if you're ever incapacitated? Whom do you want making medical decisions for you if you become unable to make them for yourself?
4. Everybody needs a will.
A will tells the world exactly where you want your assets distributed when you die. It's also the best place to name guardians for your children. Dying without a will - also known as dying "intestate" - can be costly to your heirs and leaves you no say over who gets your assets. Even if you have a trust, you still need a will to take care of any holdings outside of that trust when you die.
5. Trusts aren't just for the wealthy.
Trusts are legal mechanisms that let you put conditions on how and when your assets will be distributed upon your death. They also allow you to reduce your estate and gift taxes and to distribute assets to your heirs without the cost, delay and publicity of probate court, which administers wills. Some also offer greater protection of your assets from creditors and lawsuits.
6. Discussing your estate plans with your heirs may prevent disputes or confusion.
Inheritance can be a loaded issue. By being clear about your intentions, you help dispel potential conflicts after you're gone.
7. The federal estate tax exemption - the amount you may leave to heirs free of federal tax - has been rising gradually and hit $3.5 million in 2009 is ZERO for 2010.
Meanwhile, the top estate tax rate is coming down. The estate tax is scheduled to phase out completely by 2010, but only for a year. Unless Congress passes new laws between now and then, the tax will be reinstated in 2011 and you will only be allowed to leave your heirs $1 million tax-free at that time.
8. You may leave an unlimited amount of money to your spouse tax-free, but this isn't always the best tactic.
By leaving all your assets to your spouse, you don't use your estate tax exemption and instead increase your surviving spouse's taxable estate. That means your children are likely to pay more in estate taxes if your spouse leaves them the money when he or she dies. Plus, it defers the tough decisions about the distribution of your assets until your spouse's death.
9. There are two easy ways to give gifts tax-free and reduce your estate.
You may give up to $13,000 a year to an individual (or $26,000 if you're married and giving the gift with your spouse). You may also pay an unlimited amount of medical and education bills for someone if you pay the expenses directly to the institutions where they were incurred.
10. There are ways to give charitable gifts that keep on giving.
If you donate to a charitable gift fund or community foundation, your investment grows tax-free and you can select the charities to which contributions are given both before and after you die.
Why do I need a will?
A will is a device that lets you tell the world whom you want to get your assets. Die without one, and the state decides who gets what, without regard to your wishes or your heirs' needs.
So-called intestacy laws vary considerably from state to state. In general, though, if you die and leave a spouse and kids, your assets will be split between your surviving mate and children. If you're single with no children, then the state is likely to decide who among your blood relatives will inherit your estate.
Making a will is especially important for people with young children, because wills are the best way to transfer guardianship of minors.
You may amend your will at any time. In fact, it's a good idea to review it periodically and especially when your marital status changes. At the same time, review your beneficiary designations for your 401(k), IRA, pension and life insurance policy since those accounts will be transferred automatically to your named beneficiaries when you die.
A will is also useful if you have a trust. A trust is a legal mechanism that lets you put conditions on how your assets are distributed after you die and it often lets you minimize gift and estate taxes. But you still need a will since most trusts deal only with specific assets such as life insurance or a piece of property, but not the sum total of your holdings.
Even if you have what's known as a revocable living trust in which you can put the bulk of your assets, you still need what's known as a pour-over will. In addition to letting you name a guardian for your children, a pour-over will ensures that all the assets you intended to put into the trust are put there even if you fail to re title some of them before your death.
Any assets that are not retitled in the name of the trust are considered subject to probate. As a result, if you haven't specified in a will who should get those assets, a court may decide to distribute them to heirs whom you may not have chosen.
Always remember Uncle Sam the everlasting relative! Always waiting for the unplanned estate handout!
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