Have you been putting off trying to get your estate in order?   Whether it be having a will drafted, setting up a trust, or simply reviewing your beneficiaries – it’s time to to make the next step.   As you begin the estate planning process, here is a checklist to help you along the way.   If you’ve put it off for too long, it’s time to get going.

Take Out a Will

Who doesn’t have a will? You might be surprised. Some tremendously wealthy people have passed away without leaving a valid will. For example, Pablo Picasso and even Howard Hughes!

It is startling how many people never get around to this, even to the point of buying a will-in-a-box at a stationery store or setting one up online. A recent Lawyers.com survey of 1,022 Americans found that just 35% had wills. (For that matter, only 18% had some kind of trust.)

A solid will drafted with the guidance of an estate planning attorney may cost you more than the will-in-a-box, but may prove to be some of the best money you ever spend. A valid will may save your heirs from some expensive headaches linked to probate and ambiguity.

Don’t Forget the Other Stuff

Depending on your estate planning needs, this could include some kind of trust (or multiple trusts), durable financial and medical powers of attorney, a living will and other items.

You should know that a living will is not the same thing as a durable medical power of attorney. A living will makes your wishes known when it comes to life-prolonging medical treatments, and it takes the form of a directive. A durable medical power of attorney authorizes another party to make medical decisions for you (including end-of-life decisions) if you become incapacitated or otherwise unable to make these decisions.

Beneficiary Review

Who is the beneficiary of your IRA? How about your 401(k)? How about your annuity or life insurance policy? If your answer is along the lines of “Mm … you know … I’m pretty sure it’s…” or “It’s been a while since …”, then be sure to check the documents and verify who the designated beneficiary is.

When it comes to retirement accounts and life insurance, many people don’t know that beneficiary designations take priority over bequests made in wills and living trusts. If you long ago named a child now estranged from you as the beneficiary of your life insurance policy, he or she will receive the death benefit when you die – regardless of what your will states.

Time has a way of altering our beneficiary decisions. This is why some estate planners recommend that you review your beneficiaries every two years.

In some states, you can authorize transfer-on-death designations. This is a tactic against probate: TOD designations may permit the ownership transfer of securities (and in a few states, forms of real property, vehicles and other assets) immediately at your death to the person designated. TOD designations are sometimes referred to as “will substitutes” but they usually pertain only to securities.

Net Worth Update

Does this sound like a lot of work? It may not be. You should provide your heirs with an asset and debt “map” they can follow should you pass away, so that they will be aware of the little details of your wealth.

• One list should detail your real property and personal property assets. It should list any real estate you own, and its worth; it should also list personal property items in your home, garage, backyard, warehouse, storage unit or small business that have notable monetary worth.
• Another list should detail your bank and brokerage accounts, your retirement accounts, and any other forms of investment plus any insurance policies.
• A third list should detail your credit card debts, your mortgage and/or HELOC, and any other outstanding consumer loans.

Think about consolidating your “stray” IRAs and bank accounts. This could make one of your lists a little shorter. Consolidation means fewer account statements, less paperwork for your heirs and fewer administrative fees to bear.

Let your heirs know the causes and charities that mean the most to you. Have you ever seen the phrase, “In lieu of flowers, donations may be made to …” Well, perhaps you would like to suggest donations to this or that charity when you pass. Write down the associations you belong to and the organizations you support. Some non-profits do offer accidental life insurance benefits to heirs of members.

Find the Right Executor

Who have you chosen to administer your estate when the time comes? The choice may seem obvious, but consider a few factors. Is there a stark possibility that your named executor might die before you do? How well does he or she comprehend financial matters or the basic principles of estate law? What if you change your mind about the way you want your assets distributed – can you easily communicate those wishes to that person?

Your executor should have copies of your will, forms of power of attorney, any kind of healthcare proxy or living will, and any trusts you create. In fact, any of your loved ones referenced in these documents should also receive copies of them.

Find the Right Professionals

Do-it-yourself estate planning is not recommended, especially if your estate is complex enough to trigger financial, legal and emotional issues among your heirs upon your passing.

Many people have the idea that they don’t need an estate plan because their net worth is less than X dollars. Keep in mind, money isn’t the only reason for an estate plan. You may not be a multimillionaire yet, but if you own a business, have a blended family, have kids with special needs, worry about dementia, or can’t stand the thought of probate delays plus probate fees whittling away at assets you have amassed … well, these are all good reasons to create and maintain an estate planning strategy.

photo credit: Jonnee

Baby boomers are flocking into retirement.  Some of their most common concerns are running out of money during retirement and having to fit the bill for the rising costs of health care.  Surprisingly enough, many boomers fail to plan for what happens after they are gone.  Most boomers get overwhelmed when they ponder the ins and outs of estate planning.  What most boomers don’t realize is that by drafting a simple will, most of their estate plans will be taken care of.  By drafting a will, your estate should be taken care after your passing and your heirs will be saved from the headache of having to properly distribute your assets.

What Happens If Boomers Don’t Have a Will

Most boomers don’t draft a will because they don’t know what it really know what it means to not have one.  To die without a will, the legal term refers to dying “intestate”.  Dying intestate either means that you didn’t have a will drafted before you died, or your will doesn’t meet the requirements of the state law that you’re residing.

Avoid Probate at all costs…right?

When you die without a will, you are subject to probate.  Probate has become the “four letter” word of estate planning by most estate planning attorneys.  Depending on your situation, probate may not be that horrible.  While probate is usually the standard, you may also pass $100,000 with a small estate affidavit with or without a will. Probate allows for clean titling of your assets to go directly to your next of kin. One potential downside of probate is that your matters are made public and anybody is allowed to make a claim against your property. If you ever check your local paper, you can see examples of estates filing for probate.

On the other side of the coin, one way of looking at probate is that you are leaving it up to the government to decide how you want your estate divided. If you are okay with this, then maybe probate is okay.  Just because you are okay with the state handling your affairs after you are gone, doesn’t mean that you shouldn’t have a will.

What a “Will” will do

1. It allows you to give away your property that you own in your name the way that you want to.
2. It allows you to nominate an executor to take care of all of your last affairs as far as paying bills, et cetera,
3. It allows you to nominate a guardian for your minor children.

Obviously, if you don’t have a will, then these three things won’t be carried out.  You are then subject to your state laws to determine what the outcome of your estate is.

Who Gets Your Property?

If you die without a will, than your property is distributed pursuant to your state laws, and will most typically pass to your closest heirs. But who are your closest heirs? That depends greatly on your family situation, and the intestacy law covers pretty much every possibility. If you die without a will, the statue provides that your estate (anything that is in your name only) passes ½ to your spouse and ½ to your children. Is that what your intent is? Maybe, or maybe not. These are things to consider. Further complications are step-children (they are not considered children under statue) and children from a prior relationship (they are considered yours). These are all issues that can be resolved and simplified from having a will.

Estate Tax Benefits

One last thing to consider is the estate planning benefits that a will can accomplish.  Many time boomers say “I don’t have an Estate, why do I need an Estate Plan?”. This is very unfortunate.  Seeking some information on the basics of a will and estate Planning can be a huge comfort for you and your family.

Moolanomy: Do You Have a Will?