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Do Estate Planning to Ensure a Tomorrow without Uncertainties

Date Added: March 09, 2010 08:38:21 AM
Author: Anderson Mills
Category: Business & Economy: Finance and Investment
Estate planning is the legal process where by you anticipate and arrange for the disposal of an estate. The advantages of such planning are many. It reduces the shady areas that house doubts about the administration of a probate. It also augments the value of the estate by cutting down taxes and other expenditures. If the children are minor, the estate planner also nominates guardians for them. Estate planning includes a lot of devices like will, trusts, beneficiary designations, powers of appointment, property ownership, gift, and powers of attorney, and the durable medical power of attorney. Here we will talk about these tools of such planning.

An important factor of estate planning is the element of will. In the current scenario, we see numerous cases with widespread litigation and media coverage if no living will is prepared by property owners. Almost all estate planning attorneys advise clients to create a living will. Even whether the said person will prefer to be buried or cremated, is specified clearly in such legal documents. 

A will is very important estate planning devices because it states the details of who owes what section of a property and the authority he is going to hold on other aspects of the estate. A will is considered as an organization that holds responsibility of dividing a property among the family members or to its rightful heirs. It is the will that acts as a trust which helps to win a legal battle when no process works in property division issues.

Besides the will you require a durable power of attorney and a health care proxy. These days you have the facility of software to do it effectively. There are set of questions that you have to answer, which gives your attorney all the required information, It saves you time and billable dollars. But if you are creating documents through the software always make sure that the attorney reviews them properly.

You have to get the will notarized with required number of witnesses. This number varies from state to state. A will should not contain the sign of a beneficiary as a witness.

Always review the plan in the incidents of divorce, demise of a spouse, adoption, birth of a child, relocating to a new state, inheriting a property, getting married or remarried.

An estate plan should contain a list of all your assets and all your liabilities. The liabilities have to be paid after your death. The inheritors will get what is left after paying the administrative and probate costs.

You have to nominate an executor who will have the management of the estate after your death till the assets are distributed. This is a big onus, so make sure the person is capable and reliable.

Keep only one set of document signed. You will get duplicate copies that you can put inside your file. Review the estate plan after every few years to see it is compatible with the present laws.



Anderson Mills is author of this article on JP Turner. Find more information about Independent broker dealers here.

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