Estate Planning Blog Articles

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Estate Planning Strategies to Care for Aging Parents

Our parents are pillars of support along our journey through life, guiding us through the ups and downs with unwavering love and care. As our parents age gracefully, we can choose estate planning strategies that support them along their journey to retirement and beyond. These strategies address long-term care and living arrangements for our parents’ well-being and peace of mind. We explore why caring for aging parents in estate planning is necessary to preserve their dignity, security and legacy.

Comprehensive Estate Planning Strategies to Care for Aging Parents

Modern estate planning goes beyond wealth protection to create a roadmap for the future. It encompasses health care decisions, financial management and a delicate balance between independence and security. Kiplinger’s article, “Estate Planning for Your Aging Parents: A Delicate Balance,” helps us discuss estate planning strategies to care for aging parents. An estate plan with these strategies provides clarity and guidance to loved ones on aging parents’ wishes, while retaining control for aging parents over financial and health-related matters.

Estate Planning for Aging Parents – How to Balance Independence and Care

Balancing a parent’s independence and care as they age is challenging. Declining cognition and physical health increase the need for legally documented healthcare wishes and appointed representatives to manage financial affairs.

Aging adults value autonomy and may be reluctant to relinquish control over their daily lives. Open and honest communication is the key to finding this balance. Conversations should be encouraged about medical wishes and future goals with an aging parent or parents. An estate plan can then be created that honors their decisions.

Consider how a trust can protect a parent’s wealth, with a trustee overseeing their estate’s administration and asset distribution. A will is another vital estate-planning component, naming beneficiaries to simplify the distribution of assets after a parent passes away.

Plan for long-term care and Medicaid. An irrevocable trust can preserve your parents’ assets during Medicaid approval, while income-producing investments supplement their income.

Incapacity Planning to Respect an Aging Parent’s Health Care Preferences

As parents age, their healthcare needs may become more complex, necessitating careful planning for incapacity. Advanced directives and health care proxies empower parents to designate trusted individuals to make medical decisions, ensuring that their preferences for medical treatments and end-of-life care are honored with dignity and respect.

Tax Planning: Minimizing Burdens for Heirs

Tax planning is another central element in a comprehensive estate plan. Aging parents passing their wealth to the next generation look for ways to minimize the tax burden on their beneficiaries. Gifting, establishing trusts and utilizing tax-advantaged accounts can reduce taxes, maximize inheritance and transfer their wealth more efficiently.

Key Takeaways:

  • Aging Parents: We can choose estate planning strategies that support aging parents in their journey to retirement and beyond.
  • Balance Independence and Care: Encourage conversations about medical wishes and future goals with an aging parent or parents. An estate plan can then be created that honors their decisions.
  • Incapacity Planning: Advanced directives and health care proxies empower parents to designate trusted individuals to make medical decisions,
  • Tax Planning: Gifting, establishing trusts and utilizing tax-advantaged accounts can reduce taxes, maximize inheritance and transfer their wealth more efficiently.

Conclusion

Caring for aging parents in estate planning is practical and necessary. It is also a profound expression of love and gratitude. Embracing this responsibility with compassion, empathy and diligence helps our parents navigate this stage of life with dignity, security and peace of mind.

If you’re ready to embark on this estate planning journey for your aging parents, our experienced legal team guides you every step of the way. Contact us today to learn more and confidently start planning.

Reference: Kiplinger (February 2024) Estate Planning for Your Aging Parents: A Delicate Balance.”

Why Estate Planning Is Essential for Small Business Owners

Estate planning should be a top priority for anyone who has built and grown a successful small business, especially if they intend to build generational wealth and create a legacy. The title of a recent article from Business Insider says it all: “You might not want to think about estate planning, but as a financial planner, I know it’s essential for small-business owners.”

There are more complex issues for business owners than employees for estate planning. Therefore, be sure to work with an experienced estate planning attorney who will create a plan to protect you, your family and your business. As you go through the process, keep these basics in mind:

Last Will and Testament. This document is the foundation of an estate plan, providing directions to the state probate court regarding your wishes for distributing assets. It also names a guardian responsible for minor children upon your passing. If you don’t have a will, assets are distributed according to your state’s intestacy laws, typically based on kinship. You can update and change your will throughout your lifetime, and it should be reviewed every three to five years.

Revocable Living Trust. Having a revocable living trust gives you more control over assets, which could be necessary to distribute business assets. A revocable living trust can be altered while you are living, so changes in your business can be reflected in the directions in the trust.

Financial Power of Attorney. This document is critical if you are the business owner who performs most of the financial tasks of your business. When a business owner becomes incapacitated, having someone named Power of Attorney gives the POA the ability to pay bills, make bank deposits and withdrawals, file business and personal taxes and make any other financial decisions you wish. POA can be limited if you only want someone to pay bills, or they can be broad, allowing the agent to do anything you would do to keep the business running while you are incapacitated. Your estate planning attorney can craft a POA to suit your needs.

Business Succession Plan. A business succession plan should be in place as soon as your business gains traction and becomes successful. Distributing shares of the business after you pass is fine. However, what if your heirs don’t have a clue how the business works? Do you want them to sell it after you pass or maintain it for the next generation? A succession plan requires the help of an estate planning attorney, CPA and financial professionals to create a management team, define roles, set performance guidelines, etc.

Digital Estate Plan. We spend so much time online. However, few have plans for our digital assets. If your business is online, has a website, and uses social media, online finances, and cell phones, you need a digital estate plan to identify assets and provide instructions on what you want to be done with those assets after you have passed.

Review Beneficiary Designations. Any account that can name a beneficiary, such as retirement plans, investment accounts, or life insurance policies, must be reviewed every few years or whenever a trigger event, including birth, death, divorce, or remarriage. Upon your passing, these assets will be passed directly to the beneficiary. Be sure the person you named twenty years ago on your life insurance policy is still the right person to receive proceeds upon your passing.

An experienced estate planning attorney can review your current estate plan to ensure that it covers all bases for you and your business.

Reference: Business Insider (March 22, 2024) “You might not want to think about estate planning, but as a financial planner, I know it’s essential for small-business owners”

Can Estate Planning Address ‘Third Generation Curse?’

Have you heard of the “Great Wealth Transfer?” It’s the period when Baby Boomers are projected to pass trillions of dollars to the next generation, according to a recent article from Kiplinger, “How Estate Planning Can Thwart the ‘Third-Generation Curse.’”

The anticipated $84 trillion expected to be bequeathed to Generation X, Millennials, and Gen Z beneficiaries sounds enormous, but the third-generation curse may leave heirs with far less than expected. Often, wealth is earned by one generation, grown by the second generation who witnessed firsthand how hard their parents worked to maintain their wealth, and mismanaged or wasted by the third generation members, who are too far from the original wealth creation to respect it.

Creating or updating an estate plan to protect family wealth from the third-generation curse requires communication between generations centered on the values leading to wealth creation and a financial education on how to preserve and grow wealth.

Many estate plans are structured to address tax planning, but that’s only one aspect of estate planning. Communicating the “why” of the estate plan, including where the money came from, how it has been stewarded over the years, and what needs to happen to protect it, will help beneficiaries have a deeper regard for their inheritance.

Boomer values may differ from their heir’s values, but they may also be similar, as they use different language to describe the same thing. Clarifying these values and communicating with heirs may help to give context to their inheritance and its importance.

Understanding your priorities and values should ideally lead to an estate plan reflecting your wishes. For instance, if the family prizes education, your estate planning attorney may advise you to create a trust to fund advanced education. Such a trust should be accompanied by a letter of intent explaining your wishes and values to both trustees and heirs.

If you’re unsure about mandating the use of funds, you may have your estate planning attorney create a discretionary trust with a similar letter explaining what you’d like them to use the funds for and why it’s important to you. Because circumstances change, the trustee will have the flexibility to distribute the funds as they see fit.

When the estate plan is completed, have a series of conversations with family members about what’s in the plan and why. They don’t need to know every detail, but broad strokes will go a long way in letting them know what you’ve done, your wishes, and your hopes for their future.

Reference: Kiplinger (March 12, 2024) “How Estate Planning Can Thwart the ‘Third-Generation Curse’”

Aging Baby Boomers Highlight Significance of Elder Law in Estate Planning

As the baby boomer generation ages, the significance of elder law in addressing the unique legal needs of older adults has never been more pronounced. From helping to establish financial security to long-term care planning, elder law attorneys play a vital role in safeguarding the rights and interests of seniors in an increasingly unique legal landscape. Based on ABA Journal’s article, “Why elder law is a growing, ‘anything-can-happen practice,’” we’ll discuss the importance of elder law and how it’s poised to meet the evolving needs of our aging population.

Why Elder Law Is a ‘Must Have’ in Today’s Estate Planning

The sheer number of aging baby boomers drives the demand for elder law attorneys. The changing world in which they are aging fuels the need for elder law strategies in your estate plan. Working with an elder law attorney to create your estate plan blends the best of many worlds, covering everything from asset protection and preservation to Medicaid planning and advance health directives. Plan your retirement and beyond and leave the most abundant legacy to your heirs.

The Financial Realities of Aging

Baby boomers, born between 1946 and 1964, face unique financial realities compared to previous generations. Many lack the robust pension and Social Security benefits enjoyed by their predecessors, raising concerns about financing long-term care as they age.

Older adults have become easy targets for fraud and financial exploitation, making asset protection strategies a no-brainer in estate planning. Living trusts, powers of attorney, and advance health directives can protect an older individual’s financials by granting trusted family or friends the power to advocate or act on your behalf if you aren’t physically or cognitively up to it. Having someone you trust as a gatekeeper to your wealth blocks scammers from accessing your life savings if you are cognitively impaired.

Medicaid planning, however, presents its own set of challenges, with potential pitfalls for the unwary. Elder law attorneys play a crucial role in providing counsel and guidance to baby boomers navigating this minefield, ensuring they can access essential long-term care services without depleting their assets.

Empowering Seniors through Estate Planning

As the aging population continues to grow, the role of elder law attorneys becomes increasingly indispensable to protect the rights and dignity of older adults through estate planning. Whether protecting against financial exploitation, facilitating long-term care planning, or a medical power of attorney, elder law attorneys serve as trusted allies for senior support.

Key Takeaways:

  • Aging Baby Boomers: Aging baby boomers highlight the significance of elder law in addressing the unique legal needs of older adults through estate planning.
  • Elder Law in Estate Planning: Plan your retirement and beyond and leave your heirs the most abundant legacy.
  • The Financial Reality of Aging: Protect against issues like less robust pension and Social Security, rising long-term care costs, and vulnerability to financial exploitation.
  • Empowering Seniors Through Estate Planning: An estate plan provides financial security and protection of one’s decision-making authority.

Conclusion

Elder law is pivotal in addressing the evolving estate planning needs of aging baby boomers. Thoughtfully tailored estate plans safeguard seniors’ financial health, medical decisions during incapacitation, and best interests.

Reference: ABA Journal (Jan. 30, 2024) “Why elder law is a growing, ‘anything-can-happen practice.’”

Do I Pay Taxes on Wedding Gifts?

A generous gift for a child’s wedding doesn’t necessarily cause a tax problem unless your lifetime gifts are over the lifetime exclusion limit, which is extremely high right now. A recent article from Yahoo! Finance, “Do I Need to Worry About the Gift Tax If I Pay $60,000 Toward My Daughter’s Wedding?” says most Americans won’t have to worry about the gift tax.

In 2024, the lifetime exclusion is $13.61 million per person and $27.22 million for a married couple. Unless you’ve gone above and beyond these limits, you can make as many gifts as you like to anyone you choose without worrying or paying the 18% to 40% federal gift tax.

But there’s one thing to remember: if you make a gift over the annual gift limit, which is $18,000 per person in 2024 or $36,000 for a married couple, you need to send the IRS Form 709. The form should be submitted even if no gift taxes are due. It’s a simple and smart move.

How do gift taxes work? The federal gift tax doesn’t come into play often. Most gifts are tax-free simply because of the size of both the annual and lifetime gift exclusions. You can gift freely if you keep the limit in mind.

The lifetime exclusion for gift and estate taxes is so high right now that few Americans need to worry about it. If you are generously minded, you may gift $13.61 million (individual) and $27.22 million (married couple). The lifetime exclusion is just as it sounds: the number of gifts you may give during your life or as part of your federal estate.

If you are charitable-minded, you may make many contributions. There are no gift taxes levied on charitable donations, gifts to spouses or dependents, or gifts to political parties. As long as you pay directly to the institutions, there are no taxes on college tuition or healthcare expenses.

If you have a wedding coming up and are concerned about gift taxes, you can pay the vendors directly rather than giving money directly to the happy couple.

There are some strategies to manage the gift tax. One would be to split your $60,000 gift between your daughter and her fiancé. Both gifts would be under the 2024 $36,000 per person exclusion, assuming you are married, so there would not be a gift tax.

Another tactic is to spread the gift out over a few years. Let’s say you’re a single parent. You could gift your daughter and her fiancé $15,000 each this year and next, keeping you below the $18,000 annual gift tax exclusion.

If you’ve already given a gift of $60,000 to your daughter and made gifts over and above the $13.61 million lifetime exclusion, speak with your estate planning attorney to determine where you fall in the gift tax brackets and how much you’ll need to pay.

The easiest way to avoid gift taxes is to pay the vendors directly, but this depends on your overall situation. For instance, where is the money coming from—tax-deferred accounts or investment accounts? It would be wise to talk with your estate planning attorney before making a large gift.

Reference: Yahoo! Finance (March 14, 2024) “Do I Need to Worry About the Gift Tax If I Pay $60,000 Toward My Daughter’s Wedding?”

Digital Life Lives on After You’re Gone, Unless You Plan Ahead

Every year, Americans receive Facebook reminders to wish departed friends a happy birthday. It’s a sad reminder, but it happens because most people don’t address digital footprints as part of their estate plans. A recent article from the Monterey Herald, “Liza Horvath, Senior Advocate: Your digital life does not die with you,” explains how to get started.

Ensure that your executor has a list of websites and apps where you are a user. This includes Facebook, Instagram, X (formerly known as Twitter), Linked In, Snapchat, WhatsApp, Google email, Microsoft Outlook, bank accounts, investment accounts, photo storage and any other sites you use. You can use an online password manager or paper to make a list. If you create a spreadsheet on your computer, you’ll want to encrypt it to prevent unwanted access and ensure that your executor has the password. Whatever method you use, make sure that your executor knows where the information can be found.

When you die, certain platforms allow you to name someone to become your Account Manager or Legacy contact. Google’s Account Manager lets you set up parameters to notify someone if you have been inactive for a certain period of time. Facebook enables you to name a person to manage your account after you pass away. Apple also has a Legacy Contact option.

Like everything else online, website guidelines change, so you’ll want to create a Digital Will establishing your wishes for your social media and online accounts, referred to as “Directives.”

If you have digital currency or cryptocurrency, you’ll need an executor who understands how crypto works. They should be able to access your digital wallet and “key”, so they may access your assets. These funds are frequently lost due to a lack of planning and no paper trail to follow.

Depending upon your state, you may be able to give your Power of Attorney access to your digital assets in case of incapacity. Speak with your estate planning attorney to be sure that your will or trust addresses the ability to manage digital assets according to the laws of your state.

If creating a list of digital accounts seems too much to deal with, imagine your executor having to figure out your digital life. Without digital estate planning, your assets could be lost. As a result, your entire online life is vulnerable to digital identity theft that could easily continue for decades.

Reference: Monterey Herald (March 1, 2024) “Liza Horvath, Senior Advocate: Your digital life does not die with you”

Estate Planning Checklist for 2024: A Comprehensive Guide

Estate planning is more than writing a will; it’s a plan to manage and distribute assets to your dependents. It documents your healthcare preferences, so a loved one decides on medical care according to your wishes. The National Council on Aging (NCOA) Adviser’s article, Estate Planning Guide and Checklist for 2024,” offers a comprehensive overview of what to consider when planning your estate. This blog post distills the key points from the article and provides an actionable checklist for 2024.

Understanding Estate Planning

Estate planning organizes your affairs to fulfill your wishes after you pass away. It encompasses decisions about money, property, medical care and dependent care. The process includes creating essential documents like wills, trusts, powers of attorney and living wills. Estate planning provides peace of mind that your wishes are known and respected, benefiting your loved ones.

Key Documents in Estate Planning

  • Wills: A legal document that outlines how to distribute assets after your death.
  • Trusts: Contracts that allow a third party, or trustee, to hold property and other assets on behalf of a beneficiary.
  • Powers of Attorney: Legal documents that grant someone else the authority to make decisions on your behalf, in general or specific situations.
  • Living Wills: Documents that state your wishes regarding medical treatment when you cannot communicate your choices.

Key Takeaways

  • Common Estate Planning Documents: Wills, trusts, powers of attorney and living wills are fundamental to estate plans.
  • Everyone Needs a Will: Regardless of the size of your estate, a will is crucial to fulfill your wishes.
  • Update Your Estate Plan Regularly: Significant life events necessitate updating your estate plan to reflect your current wishes and circumstances.

Conclusion

Consider estate planning to be a critical process to protect your assets, provide for beneficiaries and have peace of mind for the future. Follow the NCOA Adviser’s comprehensive checklist to create your personalized estate plan.

Reference: NCOA Adviser (Aug 21, 2023): Estate Planning Guide and Checklist for 2024.

The Hidden Pitfalls of Co-Owning a Vacation Home

Dreaming of a vacation home you can escape to at any moment is wonderful. However, the reality of co-owning that slice of paradise with friends or family might be more complicated than you think, explains Better Homes and Garden’s article, “What You Need to Know Before You Buy a Vacation Home with Friends or Family.” Let’s dive into the complexities and considerations of co-owning a vacation home, inspired by insights from experts in the field.

Why Do People Consider Co-Owning a Vacation Home?

Co-owning a vacation home often starts with a dream shared among friends or family. It’s an appealing idea, especially when the cost of owning a vacation spot on your own seems out of reach. The idea of pooling resources to afford a better, more luxurious property in a prime location is tempting. It promises a place to stay and a shared investment, potentially increasing in value over time.

What are the Benefits of Co-Owning?

The main attraction of co-owning is financial efficiency. You can access better properties in desirable locations without shouldering the entire financial burden alone. It allows more frequent visits to your favorite vacation spot and turns an otherwise unreachable dream into a tangible reality. Owning a property with others can also create deeper bonds and shared memories that last a lifetime.

What Are the Risks of Joint Vacation Property Ownership?

However, with the benefits come significant risks and potential pitfalls. Co-ownership can lead to financial disputes, disagreements over property use, maintenance responsibilities and even conflicts about the property’s future. What happens if one owner wants out of their part of the property or if one owner passes away unexpectedly? What if personal circumstances change, affecting one’s ability to contribute to the property’s upkeep or mortgage?

How Can You Protect Yourself and Your Second Home?

Before jumping into co-ownership, having detailed conversations about every aspect of the property’s future is crucial. Discussing and agreeing on a budget, usage schedules, guests, pets and even decor can prevent misunderstandings down the line. It’s also wise to consider legal structures, like becoming tenants in common or forming an LLC, to manage the property, ensuring that all agreements are in writing to protect everyone involved.

The Importance of Legal Advice when Purchasing Joint-Owned Property

Getting legal advice from an estate, real estate, or business attorney when considering purchasing joint-owned property is essential. A trusted attorney can help draft a comprehensive co-ownership contract with your friend or family member that outlines each owner’s rights, responsibilities, financial commitments and the procedures for resolving disputes or selling shares in the property. This agreement safeguards your financial interest in the vacation home, ensuring that it remains a source of joy rather than a cause of strife.

Conclusion: Is Co-Owning Right for You?

Co-owning a vacation home offers a unique opportunity to make your dream of a getaway spot a reality. However, it’s not without its challenges. By prioritizing open communication, financial clarity and professional legal advice, you can navigate the complexities of co-ownership. Remember, the goal is to create a space that enhances your life and relationships, not one that leads to unnecessary stress or conflict. Contact our law office today if you are considering purchasing a vacation property with someone else.

Key Takeaways

  • Joint-Ownership Benefits: Co-owning allows access to better properties by pooling resources, making luxury vacation homes more affordable and a shared space with friends or family to create lasting memories.
  • Potential Pitfalls and Risks: Conflicts can arise over financial issues, property use, maintenance and decisions about the property’s future.
  • Legal Protection: Discussing all aspects of ownership and getting agreements in writing, with the legal advice of an estate planning professional, is crucial to prevent disputes.
  • Importance of Communication: Open and honest discussions about expectations, responsibilities and long-term plans are essential.
  • Seeking Professional Advice: Consulting with an estate or real estate attorney can help create a comprehensive co-ownership contract to cover all bases.

Reference: Better Homes and Gardens (June 29, 2023) “What You Need to Know Before You Buy a Vacation Home with Friends or Family”

How a Teen’s $250,000 Inheritance Vanished: Protect Your Heirs with a Trust

Imagine being a teenager and suddenly having $250,000 in your hands the instant you become a legal adult. This isn’t a fairy tale; it’s what happened to a young man in the northwestern suburbs of Illinois who writes about his experience in an article titled, “What blowing a $250K inheritance taught me.” After turning 18, he received a quarter of a million dollars from his mother’s medical malpractice case, which should have set him up for a bright future. Instead, without guidance or a plan, the money was gone in a flash. While many people agree that an 18-year-old is too young to receive a sizable inheritance without guidance, unfortunately, many families make the common mistake of not planning to protect their children from their inheritance. By working with an experienced estate planning professional, parents can create a plan for when and how their children should receive their inheritance should the parents pass away suddenly. An inheritance trust allows families to protect heirs from their inheritance and the inheritance from the heirs.

Huge Mistake: Not Protecting Heirs from the Inheritance

The excitement of having so much money at such a young age is understandable. Our young friend, now with access to his trust fund, embarked on a journey that led from enrolling in two separate universities with no clear direction as to which degree to pursue, to making impulsive purchases and, ultimately, to a lifestyle fueled by partying and bad choices. The lack of a structured plan or financial advice saw this significant inheritance dwindle to nothing over a few short years.

Estate and Financial Planning is Good Parenting

This story isn’t unique. It highlights a common mistake in estate and family financial planning: not preparing heirs to manage their inheritance. More than leaving assets to your loved ones, it’s crucial to guide them on using them wisely. “As my children grow into young adults,” writes the former teen who lost his inheritance, “I can’t in a million years imagine handing them a check for $250,000 with absolutely no advice.”

Trusts Help Protect Heirs

An inheritance trust, also known as a testamentary trust, is essentially a tool to protect and manage assets for beneficiaries. It’s a way to ensure that the money you leave behind is safe and used in a manner that you deem fit and matches your values. Setting up an inheritance trust is a strategic move for families looking to safeguard their wealth and provide for future generations.

Why Choose an Inheritance Trust?

An inheritance trust offers a myriad of benefits:

  • Asset Protection: It shields your assets from creditors, lawsuits and even some taxes.
  • Controlled Distribution: You can specify how and when your beneficiaries receive their inheritance, promoting responsible spending and long-term financial security.
  • Privacy: Unlike wills, trusts are not public records, offering your family privacy during the transfer of assets.

Trusts Offer Strategy for Every Family

Whether it’s protecting your assets from being squandered, as in the cautionary tale of the Illinois teenager, or planning for your family’s future needs, an inheritance trust can be tailored to suit your objectives. It’s about making informed choices today that will support your loved ones tomorrow.

Conclusion

The story of the teenager who lost $250,000 is a powerful reminder of what’s at stake when parents leave their money in outright distributions to children. It’s not just about leaving wealth behind; it’s about leaving a foundation for wise decision-making and financial stability. An inheritance trust can be the guiding light for your heirs, helping them navigate their inheritance responsibly.  Contact our estate planning team to discuss how a trust can help secure your family’s future and preserve your legacy as you intend.

Key Takeaways

  • Inheritance Planning is Essential: Beyond leaving assets, guiding heirs on managing their inheritance can prevent financial mishaps.
  • Protection through Inheritance Trusts: These trusts safeguard assets from potential creditors, irresponsible spending and certain taxes, ensuring that your wealth benefits future generations as intended.
  • Education and Communication Are Key: Educating heirs about financial management and openly discussing estate plans can help avoid misunderstandings and ensure that your estate planning goals are met.

References: The Week, originally published on LearnVest.com (Jan. 10, 2015) “What blowing a $250K inheritance taught me.”

SmartAsset (Sept. 19, 2023) How to Keep Money in the Family With an Inheritance Trust”

How Should a Single Person Create an Estate Plan?

The short answer is singles should be doing the same things as people who are married and have families, except their situation may require some additional steps, says an article from Kiplinger, “Estate Planning for Singles.”

The most important thing is having a Durable Power of Attorney, naming someone as your agent so they can make financial decisions if you become incapacitated. Similarly, you should also appoint a Health Care Proxy to handle medical decisions.

If you don’t have a will, your state’s law will determine how your assets will be distributed, but no state will have a list of people to make financial or health care decisions for you.

Adult children often fill these roles, but it’s fine to look for other people to serve in these roles. A trusted friend whose judgment you trust completely and who is good at managing financial and legal matters could also serve in this role.

If the person you name to be your representative dies or becomes incapacitated, you’ll want to have a plan for someone else to take on the role.

Consider the age of the person you may want to serve in their role. If they are your age, can they take on these tasks if and when needed? A younger, trusted person may be a better choice, although there are no guarantees of age determining their availability.

If you don’t know anyone who could manage these roles, you could hire a professional, either an estate planning attorney, a trust company, or, in some states, someone licensed as a “professional fiduciary.”

What about your pets? An estate plan can also deal with issues of special concern to singles who own pets. You can use your will or create a pet trust to name a guardian and provide financial support for a furry or feathered friend.

Lastly, certain states have estate taxes, which have far lower exemptions than the current federal estate tax of more than $13 million. Some state estate taxes kick in on estates valued at $1 million. Married couples can delay estate taxes until the second spouse’s death, but singles need to plan for tax liabilities, which is part of an estate plan.

Reference: Kiplinger (Feb. 17, 2024) “Estate Planning for Singles”

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