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3 Benefits of including a trust in your estate plan
Estate plans contain several different important documents, each designed to ensure that your estate is secure and your family’s future and legacy is in good hands. While many people use wills to list their assets and inheritors, trusts can be just as effective.
If you are considering using a trust in your estate plan, here are just three benefits that come with creating a trust.
Avoid probate
When you leave your assets in a will, each item must go through probate court. Probate can last months, and the costs can add up quickly. In addition, probate can cause undue stress on your family members. It can sometimes even leave space for family disputes and tension.
Assets in a trust, on the other hand, can skip probate altogether and go straight to the beneficiaries, saving your family time and money. You might consider placing more valuable items in a trust, like life insurance, real estate and savings accounts.
3 estate planning tips for young families
With a new baby and a bright future ahead, estate planning is likely one of the last things on your mind. However, this is actually one of the most crucial times to think about what will happen when you die. You’re a provider, and you need to have a plan in place to support your dependents.
As a parent, you don’t want to leave your spouse or your child to deal with the complicated process of probate or to make decisions while grieving. The best thing you can do for your family is to plan in advance.
Key considerations for young estate planners
- Choose a guardian for your child. You and your spouse, if you have one, will need to make provisions for your child in the event of one or both of your deaths. This is a very important decision, and you should make sure to consider carefully. Does this person share your values? Does your child know them? Has the individual given consent? Be careful not to choose someone too young or too advanced in age. You want this individual to be available to take on the responsibility whenever necessary.
Why do I need an advance healthcare directive?
It may feel uncomfortable for you to think about the medical care you may need in the future. But as you start the process of estate planning, you will want to include directions for your healthcare. An advance healthcare directive lets you choose your medical care. It gives your loved ones instructions if you can no longer communicate.
Texas provides a few different documents for advance directives:
- Living will – In Texas, this is also called “Directive to Physicians and Family or Surrogates Form.” A living will contains your wishes for medical treatment. If you are unable to communicate your wishes due to illness or injury, a living will lets your family and doctors know what you want.
- Medical power of attorney – With a medical power of attorney, you choose a healthcare proxy to make healthcare decisions for you. This healthcare proxy is usually a trusted family member or friend. If you are unable to communicate, your healthcare proxy makes any medical decisions on your behalf.
Should you share the details of your will?
A will is chock-full of intensely private information. You’ll discuss all of your wishes in it, including who should oversee your finances, which assets you will pass on to whom and what to do if you should need life support at some point.
But the reason for writing these preferences is so that others will know them when the time comes. So, doesn’t it make sense to share the details of your will before you’re gone?
Wills are a matter of public record
One important thing to remember is that wills are a matter of public record. Upon your passing, anyone from the general public will be allowed access to the details of your will.
While you may not be around to witness this, it’s good to keep in mind that the decisions you make in your will are going to be shared at some point in time.
A New Year’s resolution: create your estate plan
The reason so many people enjoy the calendar flipping over to a new year is because it is a chance to try new things and make your life better for the coming year. It is also a time to do the things you have been planning to do for a while now and never got to. One of those items should be to get your estate planning started.
Estate planning is for everyone
Estate planning is easy to put off because many believe it is only for when you die, and they hope that is a long time from now. Other people put off estate planning because they think it is only for famous people or the extremely rich. The fact is, there is something in estate planning for everybody. Estate planning can include a will, a living will, health care directives, power of attorney, trust, instructions for your funeral and who you want as a guardian for your children.
The different kinds of power of attorney
Are you confused with the term power of attorney? Did you know there are even different types of powers of attorney? The good news is there is nothing too difficult to understand or comprehend when it comes to what a power of attorney does.
A power of attorney is when you appoint another person known as an “attorney-in-fact” or “agent” to have legal authority to be in control of your affairs if you happen to become incapacitated. The person who appoints the agent is called the “principal.” The principal can decide on how much powers the agent will have. An agent may only be given the authority to make a decision on just one issue or they can handle a wide range of the principal’s financial or health matters.
Non-durable power of attorney
A non-durable power of attorney is usually used for only a set amount of time to achieve a specific legal or financial transaction. This may be set up to allow an agent to take the place of the principal when a signature is required on a legal document and the principal is unable to physically be present. At the conclusion of the transaction, the agent’s duties will cease.
How a CPA can shape the future of your estate
When planning your estate’s future, you might require assistance to ensure the longevity of your property. You can hire different people who specialize in aspects of estate planning you may have difficulty understanding. You could hire financial advisers to aid you in planning investments or estate planning attorneys to help you any legal issues within your will.
An important role to consider when assembling your team is a certified public accountant (CPA). These detail-oriented workers can use their financial insight to prepare your estate for a wide assortment of events that could happen in your lifetime. Here are a few areas they can help you in:
They help you with taxes.
Taxes are one of the most unpredictable areas of real estate. You know they will come with the property, but it is difficult to count how much they will cost you. Not only that, but taxes change annually, adding to the complexity.
CPAs are professionals that deal with intricate tax laws on a daily basis. No matter the conditions, they have an extensive knowledge of the subject that you can use to minimize your taxes and improve the worth of your assets. No matter how old you are, it is imperative to start making a plan to protect your estate from future rates of taxation and inflation. Doing so will eliminate several problems for whoever inherits your estate.
Do you have a will or a trust?
How should wealth be distributed among family? Which is the best path to take? It is a simple question with a complicated answer.
Do you know the difference between wills and trusts? Do you know whether you need one or the other, or both?
What is a will?
A will is a physical document that designates to whom you wish to receive your assets and take care of your minor children after you are gone. They usually contain two important elements – a description of your assets and a passage naming who will receive them. You can include special instructions in your will, such as how to split your assets between loved ones and favorite charities.
Other issues you should know about your will include:
- A will is subject to probate, and the process must start within four years of the creator’s death.
- A will is public. The public can see the details of your family’s assets and final wishes.
- A will must be signed with two witnesses who are not named beneficiaries in your will.
From our office in Fort Worth, we represent clients throughout the DFW area, including Dallas, Arlington, Haltom City, Richland Hills, Watauga, Kennedale, Forest Hill, White Settlement, River Oaks, Saginaw, Hurst, Euless, Bedford, Grapevine, Coppell, Farmers Branch, Carrollton, Plano, Dallas County, and Tarrant County.
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