Wealthyist

Wealthyist E39 | Where To Start With Estate Planning


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Estate planning is uncomfortable (addresses incapacity and death) but essential; integrate it naturally into life/financial discussions for comprehensive planning.


Key Checklist of Must-Have Documents & Designations

  1. Powers of Attorney (POA):
    • Financial & Healthcare POAs: Needed at age 18 (even for adult children, e.g., college prep). Parents lose decision rights post-18 without them.
  2. Will:
    • Names executor; directs asset distribution at death.
    • Critical for parents: Only place to name guardians for minor children.
    • Works with trusts; "pour-over" will funnels forgotten assets into trust.
  3. Revocable Trust:
    • Manages assets during life & at death; avoids probate.
    • Becomes irrevocable at death (can't change).
    • Complements (not replaces) a will.
  4. Irrevocable Trusts (Lifetime):
    • For gifting assets (to spouse/kids) to reduce estate taxes.
    • Removes assets + future appreciation from estate.
    • Estate Tax Context: 2026 exemption rises to ~$15M/person ($30M/couple). Plan flexibly for future law changes; project asset growth vs. inflation/spending.
  5. Other Documents (state-specific):
    • Living will/advance directive (end-of-life wishes).
    • Funeral arrangements.
  6. Beneficiary Designations:
    • Override wills/trusts (e.g., IRAs, 401(k)s, life insurance).
    • Common Mistake: Outdated designations (e.g., ex-spouse or parent instead of kids) cause assets to go wrong.


Review & Update Best Practices

  • Frequency: Every 3–5 years; or trigger by:
    • Life events (marriage, divorce, birth, death).
    • Law changes (e.g., recent tax bills).
  • Pet Peeves/Common Errors:
    • Mismatched beneficiaries vs. will/trust.
    • Outdated successors (e.g., naming parents/siblings when kids are now adults; shift to children as agents/trustees).


Communication, Storage & Execution

  • Sharing with Family: Family-specific; no one-size-fits-all.
    • Some share full details/drafts (à la Warren Buffett) for transparency.
    • Others share structure only (flow of assets, roles, advisors) without dollar amounts.
    • Ensure heirs know document locations, attorney, advisors.
  • Successor Roles: Choose capable people; consider corporate trustee (fees apply, but justified for complex dynamics).
  • Advisor Support: Professionals guide grieving families; nobody navigates alone.


Probate: Not as Bad as Feared

  • Process: File will with court; appoint executor; notify creditors; resolve claims.
  • Pros: Structured (good for family disputes/disharmony); time-bound creditor claims.
  • Cons: Time/cost, but avoidable via revocable trusts.
  • Goal: Avoid if possible, but not catastrophic.

Closing: Estate planning ensures control, minimizes regrets/taxes, and eases transitions. Review regularly; coordinate with financial plans.

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WealthyistBy Annex Wealth Management