All attempts are made to provide accurate information. However, nothing contained herein should be relied upon as legal advice or legal authority. Nothing contained herein should be substituted for the advice of competent legal counsel.   

 

WHY DO YOU NEED ESTATE PLANNING?

BECAUSE WITHOUT IT - YOU LOSE CONTROL!

I once thought that "Estate Planning" was for the very rich. You know, the ones that have a country estate complete with servants, polo ponies, and the resources to pay for it all. In reality, Estate Planning benefits anyone who cares about what happens to themselves, their loved ones, and their estate if death or incapacity occurs. Without proper estate planning you lose control in deciding:

Basic estate planning is accomplished through the use of such legal documents as a Powers Of Attorney, a Will, or a Trust. Properly drafted estate planning documents allow your estate to save taxes and avoid probate. They allow you to appoint a guardian for your minor children and to pass on creditor protection to your beneficiaries. Moreover, in the event you are no longer able to take care of yourself, these documents allow your agent to make health care decisions on your behalf and to manage your financial affairs without the necessity of having a guardian appointed by a court.

How Often Should Legal Documents Be Reviewed?

Although no two situations are exactly alike, it is prudent to review and update legal documents whenever a major life change occurs including: 

Comparison of basic estate planning arrangements.

Advantages

No Will

Basic Will

Testamentary Trust

Living Trust

A/B Trust

QTIP Trust

You Select Beneficiary

No  Yes Yes Yes Yes Yes
You Select Executor No Yes Yes Yes Yes Yes
You Select Guardian No Yes Yes Yes Yes Yes
You Select Trustee No No Yes Yes Yes Yes
Creditor Protection for Beneficiaries No No Yes Yes Yes Yes
Avoids Probate No No No Yes Yes Yes
Avoids Guardianship No No Maybe Yes Yes Yes
Saves Death Taxes No No Maybe Maybe Yes Yes
Saves Death Taxes & Protects Assets for Ultimate Beneficiary No No No No No Yes