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Estate planning: important things that are often overlooked, but mentioned less often

The internet is full of articles on estate planning that include lists of common mistakes people make, but they often talk about the same things. Here are some less frequently mentioned, but equally important things to consider.

Plan for older children, not just younger ones.

Most parents think of a guardian for young children, but few plan for inexperience and poor judgment in adult children. Consider what happens when a child turns 18. The child is now an adult. Without proper planning, you will be entitled to receive your entire inheritance, without conditions. How many 18 year olds can handle that? How about even older adult children? Is yours old and mature enough to handle money responsibly? Would it be better to leave someone more suitable in control of the inheritance, giving your children (or grandchildren) time to learn how to manage it? What about loved ones with special challenges, such as substance abuse, divorce, physical or mental limitations? These are all circumstances that may justify special protection. None of this can happen without proper planning.

Don’t forget about goals either. Have you considered including an “incentive” in your plan to encourage the accomplishments of your loved ones? Don’t just plan for college expenses; Consider making a significant monetary donation to the young man as soon as he earns his first degree. What if a certain amount goes to charity, but descendants are allowed to select recipients? This can be a wonderful way to teach philanthropy.

Don’t assume that your will always controls.

Many people mistakenly assume that their Will must be done, “whatever happens.” This is not true when it comes to assets that are noble, such as real estate and financial accounts. If someone else is on the title with you, that person could be entitled to all of the property when you die. If so, your will is ignored. The same is true for assets that have a beneficiary designation, such as life insurance or retirement accounts. Consider the case of the woman whose adult daughter was in a car accident, leaving her with long-term injuries and large medical bills. The woman’s greatest asset was her life insurance policy. The woman’s will said to give the daughter all of her assets, but the life insurance beneficiary designation said to give the insurance to a charity. The life insurance beneficiary designation is the one followed. The will of the woman does not matter.

Remember that cash may be needed to carry out your plan.

“How are you going to pay for that?” People make plans to transfer their property when they die, but forget about this simple question. They direct that a home be kept for use as a family vacation home, but they leave nothing to pay for the mortgage, taxes, insurance, or maintenance. They forget that their debts and expenses must be paid when they die, they leave no cash to cover them, and they do not direct what must be sold to pay it off. Other common cash needs include funeral arrangements, running a family business, supporting dependents, paying taxes, paying funerals, and paying probate. You have to plan for liquidity, and if you have a special asset that you don’t want to sell unless absolutely necessary, you have to say so in your plan or risk it going to the auction block!

Do not hide your information.

Information is key! The things that are stored in your head are of no help if you are incapacitated or have died. Do you use the Internet for billing and account statements? How will your loved ones know what bills you have if they never arrive in the mail? How can they access their email and online accounts if they don’t know the web addresses or passwords? Your internet accounts should be listed with clear instructions.

Putting your will or trust “in a safe place” can be just as problematic. If no one can find them, no one will be able to follow them. In one case, a woman had her will sewn onto the bottom of the living room curtain. The find was made by pure chance. A “safe” place to keep your will is in a safe at the bank or in a fireproof box at home, a copy should be with your attorney, and at least one of your loved ones should know where you can find the original. .

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