- Do you have a current will?
We all need one! Your personal wishes are often unheeded. Without a
will, any property title in your own name will pass pursuant to
Florida law and may not necessarily go to those you intended.
- Do you have too much or the wrong property held jointly?
Be careful! Joint ownership does avoid probate but will not avoid
estate taxes. Also, assets held as joint tenants with right of
survivorship will go to the joint owner regardless of what your will
says.
- Have you planned for the possibility of incapacity?
Few do and that causes undo stress for all. While no one wants to
discuss this unpleasant thought the fact remains that 2 out of 5
people will have some period of incapacity during their lifetime. Some of
this planning includes the preparation of a Health Care Power of
Attorney and Living Will and preparing a Durable Power of Attorney.
The Durable Power of attorney is one of the most important documents
for you to consider. It is a very simple and inexpensive way to avoid
the stress and cost of a guardianship proceeding in court.
- Have you planned for the costs of incapacity?
Long-term healthcare insurance is a very popular and effective
tool for defraying the cost of catastrophic illness. While Medicaid
may be a viable option, all too often there are endless restrictions
imposed in the ability to be eligible. Also, Medicaid only covers
nursing home care, not care at home.
- Have you ignored the issue of estate taxes?
I hope not. Leaving all your property to your spouse does avoid
estate taxes on the death of the first. However, such a plan wastes
the first-to-die's $675,000 exemption. Proper planning allows both
spouses the use of their $675,000 exemption, allowing them to shield a
total of $1,350,000. That is a great deal of money. Do not waste it
through poor planning.
- Have you funded your living trust?
The living trust is only a tool for avoiding probate and
guardianship if your assets have been transferred into the name of the
trust. Do you know what a living trust is? You owe it to yourself and
your loved ones to find out. It could save your estate a great deal of
money and heartache.
- Do you own life insurance in your own name?
If you do, it will be included in your estate for estate tax
purposes. You may want to consider transferring the ownership of the
policy to the beneficiary or to an Irrevocable Life Insurance Trust.
- Do you know where all the "stuff" is?
Keep all your important documents in one convenient place and let
someone know where that is. Times of high stress and crisis are not
the right times to be wondering where you put these papers.
- Have you named the "right" person to be "in
charge"?
While most people will choose a close family member, some people do
consider a bank or trust company because of their professionalism,
neutrality and expertise.
- Have you updated your Estate Plan?
Does your will say that your 35-year-old son is going to live with
Uncle Sam if you die? No one likes to think about life's harsh
realities, so they prepare an Estate Plan, put it away and forget about
it. Changes in the law, your health, and family require that you
periodically review your Estate Plan. Do not assume anything. Check it
out!