Merry Christmakwanzakah: Everyone’s Included—Like Your Estate Plan Should Be
One of the best parts about the holiday season is the many, many different celebrations that take place. From Christmas to Kwanza to Hanukkah, the holidays are a time for everyone to see their family and engage in celebrations. And, while you’re with your loved ones, it’s time to think about one of the best gifts you can get them—an estate plan that includes everyone.
Sure, estate planning doesn’t sound quite as exciting as a new Xbox or a car, but, in the long run, it ends up being even more valuable (trust us). Estate planning is the process by which your assets, debts, and estate are assigned and distributed after your death.
Think of your estate plan as a legal toolkit. If you open the kit, you will see many different documents, all of which pertain to a different aspect of your life. However, these tools all have the same goal: avoiding probate.
Probate court is what happens if you do not have an estate plan. The court takes charge of your estate, dividing up assets and debts and winding down the estate in a way that is time-consuming and difficult for your family. A mere last will and testament is not enough. There are many different documents in an estate plan. Listed below are a few of the main ones.
What’s in your legal toolbox?
- Power of Attorney. Your power of attorney is a trusted individual who you pick to manage your financial and healthcare decisions if you are sick or incapacitated to the point where you cannot make these decisions yourself. We all have that relative who we wouldn’t trust to babysit a rock, let alone make life-changing choices for others. By picking your POA yourself, you ensure that you are choosing someone who is competent and responsible.
- Living Will. Also known as an advance healthcare directive, a living will specifies what a person wants to have happen in the event of certain medical emergencies. This way, if you can’t tell a doctor or hospital yourself what you want, your directive will have the plan laid out for you.
- Living Trust. A trust is a three-party relationship. This relationship is of a fiduciary nature. The first party, known as a trustor, confers assets or property to a second party, the trustee, for the benefit of a third party, the beneficiary. The living trust allows for this fiduciary relationship to take place upon your death, when your trustee confers to your beneficiary the property with no probate court acting as middleman.
- 529 Plan. This 529 plan is for people who have kids who are going off to college—if not now, then in the future. The 529 allows you to set aside funds for your kid’s college funds. You may also know a 529 as a “qualified tuition plan.”
- TOD Sheets. TOD—Transfer on Death—sheets do just that: upon your death, property is transferred in the form of a deed. Morbid though the name is, this legal tool is really helpful and operable in many states.
Estate planning also needs to include everyone you want. When you schedule a consultation, make sure that you have a thorough discussion about those you want to include. Don’t forget that you can—and should—make updates and changes to your plan whenever necessary. The above legal tools are just some of what can help you wrap up your estate quickly and efficiently when the time comes.