Proper Planning
Not having a plan: Some people feel that based on
the amount of assets they have they don't need an
estate plan. This is a big mistake. In some cases, a
simple Will is sufficient. A revocable trust, which is a
legal entity created to hold and distribute your assets
at your death, may not be needed. Dying without a Will
means you will die "intestate." A probate court will
then have to sort through all your debts and assets,
and it can get quite expensive and time-consuming.
The bottom line is even if you think you have nothing,
you still need a will to make it easy -- and cheap -- for
your heirs to settle your affairs.
Having an old plan: Having an outdated estate plan
can be almost as bad as having no estate plan at all.
Just look at the cases of Anna Nicole Smith and
James Brown: Both died with Wills that were several
years old. These estate plans were never updated
even though there were new children born in the
meantime. The result is a barrage of lawsuits in
probate court.
Having the wrong plan: Sometimes an estate plan that
includes only a Will is sufficient. However, many times
including a revocable trust as part of your estate plan
is a better solution. A revocable trust not only spares
the expenses of probate court but it also can avoid a
guardianship if you become incapacitated before your
death. A revocable trust also means your estate is
settled out of court and in private.
Having an incomplete plan: It's good to have a Will and
a trust, but make sure to finish the job. One big
mistake is creating a revocable trust, then forgetting to
put all your assets into the revocable trust. For
example, if you own property in another state and do
not put it in your revocable trust, there may have to be a
probate proceeding in that state at your death. A
common mistake involves not putting out-of-state real
estate in your revocable trust.
Having a Beneficiary Designation: Assets like life
insurance policies, Individual Retirement Accounts
(IRAs), 401(k) plans, etc. are paid to your
beneficiaries pursuant to a beneficiary designation.
These assets are not disposed of pursuant to the
terms of your Will or revocable trust. Therefore, it is
important to have a well drafted beneficiary
designation that specifies where these assets will go
and takes into account any estate tax planning done in
your Will or revocable trust.
Thinking you don't need a detailed plan because your
estate isn't taxable: Just because you don't hit the $2
million estate tax threshold doesn't mean you don't
have other complicated estate issues. These range
from guardianship for your children and other
dependents, like an elderly relative, to how you want
your assets distributed to your heirs at your death.
Failing to leave instructions: Where do you want to be
buried? Who gets family heirlooms? Where's the key
to the safe-deposit box? Leaving behind information
helps your friends and family settle your affairs.
Thinking you can't afford to plan: Had Anna Nicole and
James Brown properly planned they could have saved
their families millions. The lesson that should be
learned is that spending money on a good estate plan
now, can save your family money down the road.