A well-engineered estate conservation plan can help minimize tax liability and ensure that loved ones are protected. We will work with you and your advisors to assess the impact of state and federal taxes on your estate and suggest strategies to help minimize those taxes while meeting your family’s needs. With our strategic partner, The Nautilus Group, we will review estate planning documents and many times will help find ways to improve your current strategies.
A living will, also known as an advance directive, is a declaration of the life-sustaining medical treatments you will or will not allow in the event you become incapacitated. Absent a living will, the laws in your state will determine who will make your health-care decisions.
A medical power of attorney authorizes a person to make medical decisions on your behalf- ideally to carry out what you have specified in your living will. It is recommended that you consult with your power of attorney first to be sure the person understands your wishes, is comfortable with them, and will be strong enough to carry them out even if family members may object.
A financial power of attorney allows you to designate someone to perform actions for you should you become ill, incapacitated, or otherwise unable to manage your affairs. This could include paying bills, selling securities, or making major financial decisions on your behalf. Without a power of attorney, your loved ones will have to go through the delay and expense of seeking approval from the court to carry out needed financial transactions.
A revocable living trust (RLT) is an arrangement whereby you transfer ownership of property into a trust during your lifetime. An RLT can be used as a substitute for a will in many respects by providing for the distribution of assets upon your death. Unlike a will, an RLT can be established to govern the distribution and use of the trust assets during your lifetime, which can make it a useful planning tool in the event you become incapacitated.
A will is a legal document that stipulates where you want your estate’s assets to go after debts and taxes are paid and who is going to oversee the administration of your estate upon death. It also specifies who will care for your minor children. Without a will, your property would pass according to your state’s intestacy statues, which could be counter to your intentions. Generally, it is recommended that you have your will reviewed by an attorney at least every three or four years and upon the occurrence of major life events such as the birth of a child or grandchild, the marriage of a child, divorce, or the death of an heir.
A special needs trust (SNT), a specific type of irrevocable trust is created to hold property for a beneficiary with special needs. If you have a loved one with special needs, you might consider creating an SNT that is administered as soon as possible after your death. The SNT will name a guardian or guardians and ensure that the right amount of assets and income are available to provide your love one with the best quality of life possible. It is highly advisable that you work with an estate-planning attorney who specializes in special-needs planning.
Typically, a business owner’s business is the largest asset in an estate. Therefore, succession planning is highly advisable to determine who your successor will be or how you wish to divide the business, or whether your business should be sold upon your death.
A trust is like a will in that both trust and will documents are written sets of instruction detailing the transfer of property. A will, however, takes effect only at your death, whereas a trust can take effect both during your life and after your death. In addition, most trusts deal only with specific assets or property. A will governs the overall distribution of nearly everything that makes up your estate.