Money Advice

3 important estate planning questions

Posted by The Simply Money Advisors Team on Oct 23, 2018 1:10:10 PM

What's the status of your estate plan?

While we're not estate planning attorneys, most of our clients at Simply Money Advisors have questions about strategically passing along assets to heirs in the event of their death.

If you’re relatively new to the concept of estate planning, here are 3 things to consider.

1) Do you need life insurance?

Maybe.

We don’t sell life insurance, however, when appropriate, we make risk management recommendations as part of the comprehensive financial plan we build for our clients.

Generally speaking, if you plan on continuing to work and save for retirement, and you’re the household’s main income earner, you might need life insurance.

That’s because life insurance protects your family against income it would lose if you became deceased.

But if you’re currently retired, or nearing retirement, then it’s more likely (though not certain) that your children are no longer financially dependent. If you’ve saved well for retirement (which is merely one key factor), then it’s possible you no longer need life insurance.

In order to receive advice you know is in your best interest (and so that you’ll clearly understand what your needs are), we recommend you speak with your advisor before talking with your insurance agent.

2) Do you need a will?

Yes.

A will is the foundation of an estate plan. If you have any assets or property or heirlooms, you almost certainly need one. A will not only allows you to control what will happen to your assets after you die, it should give everyone in your family peace of mind.

That’s because a will:

  • Identifies your executor
  • Protects your partner or spouse and children
  • Distributes your assets to beneficiaries
  • Usually still requires that your estate pass through probate

The days and months after a parent or spouse dies are chaotic and emotional. Please don’t place your family members in the position of having to debate what you would have wanted.

Remember, a will can be changed at any time prior to your death. Get it done now. And if it’s not perfect, you can update it as necessary.

A last reminder: The beneficiaries on your retirement accounts (IRAs, 401(k)) supersede the beneficiaries in your will. Every bit as important as creating a will is making certain your retirement account beneficiaries are up to date.

3) Do you need a trust?

It depends.

First, there are a couple of basic types of trusts: revocable/living trusts, and irrevocable trusts.

Revocable trusts can be changed (adding beneficiaries, etc.) by the owner at any time.

Conversely, while you can rarely change the terms of an irrevocable trust, and while this would seem to be prohibitive, the advantage is that the assets in irrevocable trusts offer more protection from creditors (than do revocable trusts) in the case of a lawsuit. Plus, depending on the size of your estate, irrevocable trusts provide your heirs with some serious tax benefits.

Trusts are designed to ease the process of transferring your estate when you die. Obviously, what type of trust you may need will depend on your unique situation.

So, who needs one?

As with life insurance, there’s a lot of grey area. The more complex, and the larger your estate, the more likely you are to need one. Yet even with a simple will, you can still have some of your largest assets (home, property) transferred without probate simply by arranging joint ownership of the asset (likely with your spouse or partner).

Generally, a trust will:

  • Reduce estate and gift taxes
  • Bypass the probate court system to speed up the distribution of your assets
  • *Make the distribution of your assets conditional

That last bullet point is important. It means if you’ve saved well and have accrued an ample amount of assets, but for personal reasons you don’t want your 21-year old son to inherit $2 million in a lump sum, you can use a trust to spread out the distribution over time, or even make it conditional. For example, you could base a child’s inheritance on the achievement of milestones such as graduating from college.

The Simply Money Point

Estate planning is a critical component of financial planning, so don't put it off. Otherwise, you're letting the state dictate what happens to your money and other assets once you're gone.

Want to learn more about the "must-dos" as you plan for the future? Visit our free "Retirement Resources" library - you'll find free downloadable guides and online video tutorials covering topics such as Social Security, lowering your taxes now and in retirement, the 7 simple steps to retirement planning, and more.

Take me to Retirement Resources

 

Topics: Estate and Legacy Planning

Disclaimer

Please remember that past performance may not be indicative of future results.  Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment, investment strategy, or product (including the investments and/or investment strategies recommended or undertaken by Simply Money Advisors), or any non-investment related content, made reference to directly or indirectly will be profitable, equal any corresponding indicated historical performance level(s), be suitable for your portfolio or individual situation, or prove successful.  Due to various factors, including changing market conditions and/or applicable laws, this content may no longer be reflective of current opinions or positions. Moreover, you should not assume that any discussion or information contained here serves as the receipt of, or as a substitute for, personalized investment advice from Simply Money Advisors. To the extent that a reader has any questions regarding the applicability of any specific issue discussed above to his/her individual situation, he/she is encouraged to consult with the professional advisor of his/her choosing. Simply Money Advisors is neither a law firm, a certified public accounting firm, nor a tax advisory firm and no portion of the blog content should be construed as legal, accounting, or tax advice. Please consult your own attorney, accountant, and tax advisor for legal, accounting, and tax advice. A copy of the Simply Money Advisors’ current written disclosure statement discussing our advisory services and fees is available for review upon request. Advisory services offered through Simply Money Advisors, a SEC registered investment adviser. Insurance services are offered through Simply Money Insurance Agency, a separate entity from Simply Money Advisors. Simply Money™ and the spiral symbol are trademarks of Simply Money IP Holdings, LLC.

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