If you do nothing, then the state gets to decide how your assets are divided after you pass on.
What makes up your estate? “An estate is everything comprising the net worth of an individual, including all land and real estate, possessions, financial securities, cash and other assets that the individual owns or has controlling interest in.”
Net worth is everything you own (assets) minus liabilities (mortgage, credit card debt, car loans, personal loans and student loans).
Begin Here
Take stock. Create an inventory of everything you own: home, car, boat, rare coin collection, jewelry and anything else that has either sentimental value or monetary value.
List them out and then decide to whom you want to leave these items. It can be anyone you want. No law or rule is required for you to follow. This is your decision and yours alone.
With your inventory in hand, we can now begin to protect your assets after you have moved on.
Beneficiaries
For most, naming beneficiaries is the most important strategy one can employ to ensure a transition to the people you want to leave assets. Name primary and secondary beneficiaries. Doing this will allow these assets to pass outside of any will.
One should name primary and secondary beneficiaries for bank accounts, retirement accounts, life insurance and any other assets that can transfer ownership by naming beneficiaries upon your death.
This is important because it keeps these assets out of your will and will not have to pass through probate when you pass on. These assets will pass directly to those you have named.
This can be a time-consuming task, as it will take time to accomplish and may require original documents, often notarized. Once you have accomplished this, make sure you keep records of your accounts along with the beneficiaries. You will want to keep this in a safe place with all your other important papers.
Consider naming a power of attorney. Doing this will allow someone to step in your shoes should you become unable to perform certain everyday functions. Be certain this is someone you can trust, as once they have the power of attorney, you have given them permission to conduct business on your behalf.
Who Needs a Will?
Everyone does. Currently, about 85% of Americans do not have a will. This can cause a mountain of issues for those you leave behind. A will decides who will get what assets that have not had a designated beneficiary assigned.
When you create your will, being very specific creates a level of clarity for those who survive you. Let everyone know that the rare coin collection goes to John and Mary gets the jewelry.
Another critical aspect is if you have minor children. This is where you provide for them should you and your spouse meet your demise. Here are things to consider: Who will take care of the kids? What will happen to provide for them financially? Include anything else you may be concerned about; for example, paying for college or perhaps a car.
Most common is to create a trust. Assuming you have provided for them via life insurance, you could have all the proceeds go into a trust, which will support their future financially. In addition, you will want to appoint a guardian. As part of the plan, make sure you discuss this with those you appoint to fulfill this responsibility. It is recommended that the guardian and trustee be different people.
An executor also will be needed. An executor is simply the individual you appoint to carry out your wishes. This can be anyone you want, such as a relative, an attorney or an accountant.
Every state is different, and a will must be in accordance with the laws of the state in which you reside. So, if you relocate from New York to Florida, your will in New York is no longer valid; you will need a will based on the laws of Florida.
Finally, some may want to consider putting all their assets into a trust. This should be reserved for those individuals with a high net worth. A trust can be more of a hassle than a benefit. If you put all your assets in a trust, you will likely need to get permission from the trustee to sell, move, or whatever else you may want to do. For example, if you put your house in a trust, you will need permission to sell it. Certainly, this is not a reason not to create a trust, but it may not be the best course for you.
Final Thoughts
If you do nothing, then the state gets to decide how your assets are divided after you pass on. If you love your loved ones, these simple strategies will make things clear. I, for one, would not trust the state to divide up my assets, let alone my kids.
There may be other strategies you want to explore, but for most folks, these are the basic essentials one should put in place. There may be tax issues to consider, depending upon the value of your estate. Seek expert advice.
Good luck, as many have issues coming to the realization that you are not going to be around forever.
You work hard for your money – make sure it stays your money!
Thanks for reading, hope you found this helpful. QCBN
By Steven Calabrese
Steven Calabrese, CPA is the CFO of Polara Health. He also is the owner-operator of a website known as thepersonalfinancewizard.com, where such topics as budgeting, investing, paying off debt and goal setting are discussed.