Estate planning—it is a sacred and powerful tool, not just for the ultra wealthy or those thinking about retirement. It really is something every adult should do.
It’s not just “estate planning.” It is life planning.
It is being prepared for the unpredictable:
- Appointing guardians for minor children. *Visit our Resources page to download a free POA for minors*
- Choosing healthcare agents to make decisions for you should you become ill.
- Minimizing taxes so you can pass more wealth onto your family members.
- Stating how and to whom you would like to pass your estate on to when you pass away.
We know it can be an overwhelming topic to dive into, so let’s cut through the fog and reframe what exactly your estate plan means to you. Here are crucial terms you should know and invest some thought towards:
1. Assets
Generally, anything a person owns, including a home and other real estate, bank accounts, life insurance, investments, furniture, jewelry, art, clothing, and collectibles. Whether it is a sentimental family heirloom or an asset you’ve worked hard for, you have the right to say what happens to it.
2. Beneficiary
A person or entity (such as a charity) that receives a beneficial interest in something, such as an estate, trust, account, or insurance policy.
3. Distribution
A payment in cash or asset(s) to the beneficiary, individual, or entity who is entitled to receive it.
4. Estate
All assets and debts left by an individual at death.
5. Fiduciary
A person with a legal obligation (duty) to act primarily for another person’s benefit, e.g., a trustee or agent under a power of attorney. “Fiduciary” implies great confidence and trust, and a high degree of good faith.
6. Funding
The process of transferring (re-titling) assets to a living trust. A living trust will only avoid probate at the trustmaker’s death if it is fully funded, meaning it contains all of the decedent’s assets.
7. Incapacitated/Incompetent
Unable to manage one’s own affairs, either temporarily or permanently; often involves a lack of mental capacity.
8. Inheritance
The assets received from someone who has died.
9. Living probate
The court-supervised process of managing the assets of an incapacitated person. Conservatorship is another term used for this process.
10. Marital deduction
A deduction on the federal estate tax return, it lets the first spouse to die leave an unlimited amount of assets to the surviving spouse free of estate taxes. However, if no other tax planning is used and the surviving spouse’s estate is more than the amount of the federal estate tax exemption in effect at the time of the surviving spouse’s death, estate taxes will be due at that time.
11. Settle an estate
The process of winding down the final affairs (valuation of assets, payment of debts and taxes, distribution of assets to beneficiaries) after someone dies.
12. Trust
A fiduciary relationship in which one party, known as the trustmaker or settlor, gives another party, known as the trustee, the right to hold property or assets for the benefit of another party, the beneficiary. The trust should be memorialized by a written trust agreement, outlining how the trust assets will be distributed to the beneficiary.
13. Will
A written document with instructions for disposing of assets after death. A will can only be enforced through a probate court. A will can also contain the nomination of guardian for minor children.
If you have any additional questions about estate planning, please contact our office. We protect what you’ve built.