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What is Estate Planning?
a way to ensure your assets are distributed according to your wishes after you die or become incapacitated and that your loved ones won't be faced with complications or conflicts
It commonly includes:
Revocable Trust
Last Will and Testament
Financial Powers of Attorney
Healthcare Powers of Attorney
Probate
the legal procedure where assets are formally passed to beneficiaries after death.
It is:
time-consuming
delays disbursement of the estate
expensive
public
completely avoidable
Goal: avoid probate
You have a Will
It was drafted for you at birth by the State.
If YOU would like choose what happens to your estate upon death or incapacitation, and not leave it up to the state, continue on.
Your Will
A Last Will & Testament is a legal document that outlines the wishes for the administration and division of an estate after passing. It can also serve to assign legal guardianship over minors and wishes for pets.
A Will does not avoid probate.
Assets owned in a deceased person's name with no named beneficiary are no longer accessilbe once the asset owner dies. A petition must be filed with the probate court to move forward. Insert delays, fees, and permission
Revocable Living Trust
legally binding instrument that allows a third party, or trustee, to hold assets on behalf of a beneficiary. It is a legal document traditionally used for avoiding probate and minimizing estate taxes.
Assets owned in the name of a Trust are immediately accessible to the trust maker's designated successor.
A Trust also provides:
Privacy
Creditor Protection
Special Needs Protection
Potentially Reduced Estate Taxes
Assets for Minor Children
Special Provisions
Power of Attorney
If you are unable to act on your own behalf, choose who you trust to make important decisions in your life on your behalf.
Financial Power of Attorney
Potential responsibilities:
pay bills
make investment decisions
conduct real estate transactions
file taxes
other financial management needs
The financial power of attorney may be compensated
Note: Your agent acting under a power of attorney has no control over decisions involving assets owned by your trust. The trustee of your trust manages assets owned by the trust. Your agent does not have testamentary powers either. They cannot sign new documents into being on your behalf, nor make changes to your qualified accounts.
Healthcare Power of Attorney
Responsible for making healthcare decisions for you if you become unable to do so yourself.
State laws vary regarding the specific allowances for a healthcare power of attorney.
Generally they can agree to, refuse, or withdraw treatment on your behalf.Communicate your wishes clearly to this trusted person and consider including details about your medial wishes in your final letter of instruction.
Are you ready to take control of your estate?
Avoid probate
Maintain your privacy
Prevent delays
Forgo paying unnecessary feesChoose how your assets are dispersed and to whom!
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*Excludes deeds in the following areas. Alabama, District of Columbia, Louisiana, Maryland, New Jersey, New York, Ohio, South Carolina, or Virginia - Consult with Wealth Battle for options within these locales.