Estate planning arranges for the transfer of an individual's estate at the time of death. An estate consists of all property owned at death before it is distributed by will, trust, or intestacy laws. An estate may contain both real property (real estate, including houses and investment properties) and personal property (all other property, including bank accounts, securities, jewelry and automobiles). Typically, the process of estate planning involves extensive consultation with a number of professional advisors, including lawyers, financial counselors, accountants and life insurance representatives.
Estate planning benefits those with large estates, as well as those with modest assets. Creating an estate plan ensures that all property will be distributed according to the personal wishes of the deceased, and that those who are benefiting from the estate receive the largest distribution possible with a minimum amount of delay. Specifically, estate planning allows an individual to decide exactly who will benefit from their estate, and to what extent. Estate planning also ensures that the estate will not be destroyed by taxes imposed on the transfer of assets at death. In addition to providing financial security, estate planning encourages individuals to make important decisions, such as appointing a guardian for minor children, choosing healthcare preferences, and securing funeral arrangements.
An estate plan is created to reach the specific goals of the estate owner. A number of tools may be utilized to ensure the best possible distribution of assets. The basic instruments used in estate planning are listed below. However, individual estate plans depend on the size of the estate, the number of beneficiaries, and the purpose of distributions.
日本一本道The Will. 日本一本道The most common estate planning instrument is the will. A will sets forth who will inherit what property. Additionally, wills often appoint a guardian for minor children or specify what funeral arrangements should be made at the time of death. All wills must pass through probate, which may be a lengthy and expensive process. As a result, the will's beneficiaries may not receive the entire share specified in the will, and there may be a considerable delay in the distribution of assets. In the absence of a will or other testamentary instrument, the state will distribute an individual's estate according to the laws of intestacy. Generally, under the intestacy system, assets are divided in a particular order, to provide for a surviving spouse, issue, parents or siblings.
日本一本道The Trust.日本一本道 A trust is an arrangement by which a trustee distributes payments or property to a beneficiary according to the terms of the trust. A beneficiary may be a family member, a friend, a charity or a pet. A trust may be created during the individual's life, or it may be created by will. A trust created by will transfers property to the trustee at the time of the individual's death. By creating a trust, the beneficiaries to the estate bypass the probate process.
日本一本道Health Care Directives.日本一本道 Health care directives ensure that an individual's medical wishes will be carried out when they become unable to make their own health care decisions. Health care directives include a health care declaration and a power of attorney for health care. Health care directives, also known as "living wills," set forth an individual's personal decisions regarding healthcare at the end of their lives. A power of attorney for health care gives a family member or friend control of all health care decisions leading up to the person's death.
日本一本道Financial Power of Attorney.日本一本道 Finally, a financial power of attorney appoints a third party to handle an individual's finances when they can no longer take care of their own financial affairs. A financial power of attorney may designate a friend, family member, or a trusted professional to fulfill this position.
Do I need a will?日本一本道
While there is no law requiring individuals to complete a will, in many cases, it is a good idea to plan ahead for the dispersal of your finances and property upon your death.
What is probate?日本一本道
Probate is the process that courts use to enforce the provisions of a will and deal with any disputes regarding the decedent’s estate.
What is a power of attorney?日本一本道
A power of attorney is a document that grants a specified individual the right to act as the grantor’s attorney in fact or agent should the grantor become incapacitated.
Advanced Health Care Directives日本一本道
If you become ill or incapacitated, an advanced health care directive can be used to inform family members and health care providers of your wishes with regard to significant medical or end-of-life decisions.
You can construct an estate plan to give effect to your wishes to leave part or all of your assets to a charitable organization of your choosing.
If a person dies without a valid will, their estate will go through the often lengthy and expensive process of probate.
日本一本道Prenuptial & Postnuptial Agreements日本一本道
When engaged or married couples wish to determine ahead of time how their assets will be disposed of in the event of a death, a prenuptial or postnuptial agreement can be a key component of their estate plan.
A well-crafted estate plan can help you minimize tax liability for your heir and beneficiaries.