Karl
Klinger, CFP®,
CLU®The best estate planning begins early and is usually sparked or adjusted by
major transitions in life -- when a marriage is beginning or breaking up, when a
baby's on the way, or when a major career change or inheritance increases an
individual's assets or the assets of an entire family.
It's important to coordinate financial planning with estate planning because
what you do with your money today will have a direct impact on the estate your
heirs will receive years from now. It all starts with basic spending and
planning goals. Here's a general road map to that process:
Start with a trained financial planner: Whether you plan to stay single,
remarry or move in with a new partner, it's good to get a baseline look at your
finances as early as possible before estate planning can begin. A
Certified
Financial
Planner™
professional can help you review your new current spending and savings
needs, compare strategies to achieve long-term goals, such as college and
retirement and give you critical tools to protect your assets and loved ones if
you die suddenly.
Talk with a trained estate attorney about wills and other critical documents:
True, there are software programs and other kit solutions available to write
basic wills, powers of attorney and certain simple trust agreements. These
packages offer short-term savings but have the potential for greater costs in
the long run if you choose the wrong package or fail to follow all instructions
to the letter. It makes more sense to coordinate your financial planner's
activities with an estate attorney who can tailor an overall estate plan
specific to your needs. Even if you are very young with few assets, get some
solid advice in this area so you'll be able to manage and adapt such planning as
you age and your finances get more complex. It's usually a good idea to revisit
your estate plan every five years or whenever you have a major life change.
Make a guardianship game plan for your kids: It's not enough to plan how
money and assets will go to your children if you or your spouse die suddenly or
are incapacitated. If your children are minors, it's particularly important to
make sure you and your spouse have a guardianship plan for their upbringing as
well as any assets they may inherit. You should give your chosen guardians a
road map on how to handle the assets you leave behind. You should also ask your
proposed guardians before you name them, while you still have the chance to name
someone else if your first choice is unable or unwilling to carry out that
responsibility. If there are any trust or wealth issues that will become
effective for your children once they reach adulthood, it's important to
establish an efficient legal structure, such as a trust created under your will
for distributing those assets. A trust under your will would name a trustee who
can train and guide your kids through that financial transition.
Plan for kids who have special needs: If one of your children is disabled
and is expected to need lifetime assistance of some type, then you should
consult a qualified attorney to help you create a special needs trust. It will
help protect your child from having to give up any public or social financial
assistance as well as access to special doctors, medical help, specific
prescriptions or treatments that could be taken away if they were to personally
inherit assets that would disqualify them for these programs. When such assets
are held in a properly designed special needs trust, they are not counted as the
child's assets. The advantage is that those trust assets may still be used to
support their housing or other personal living needs.
Get solid insurance protection in place: If you are married or are single
with a child to care for, you really should consider purchasing insurance that
will cover any eventuality. Not only will adequate life insurance benefit your
family, but you and your family will also benefit from adequate health,
property/casualty and disability insurance. If you're newly single, you need the
best health coverage you can afford for yourself and your kids, but life,
property, liability and disability insurance becomes doubly important,
particularly if you failed to address those needs during the divorce. Even if
your ex-spouse is cooperative with financial support, it's wise to insure
yourself as if they weren't. A qualified financial planner should be able to
review those options in detail.
Review all your investments for primary ownership and beneficiary
information: While you are married, appropriate designation of property as
separate, joint, or (if applicable) community property can provide legal, tax
and asset protection advantages. In a divorce situation, even if you were
advised correctly to change the names on assets you and your spouse were
dividing between yourselves, you should perform a post-divorce to review that
the ownership names and beneficiary designations are indeed correct on those
assets. And most importantly, to make sure all beneficiary information is
correct.
Plan for multigenerational issues: For individuals and couples with
elderly parents and/or young kids starting out on their own, it might be smart
to do a multi-generational estate checkup at the same time. Why? Because in
families with significant assets or other pressing financial issues involving
businesses or dependents, each generation's wishes for the dispersal of shared
or personal assets should be documented legally and shared with all the relevant
parties. In some families, this may mean the future of a multigenerational
family business, perhaps one of the most complex estate issues any family will
face. For other families, the assets may consist mainly of cash, property and
other investments, but similar problems can occur when all the parties aren't on
the same page about who will get what, how and when they will get it, and who is
in charge during the process.
Activate trusts and other estate transfer mechanisms: It is surprising
how often estate attorneys and other people in the advisory process fail to get
their clients to actually title assets in the name of living trusts and other
mechanisms to transfer wealth. It's not enough to set these mechanisms up -- get
step-by-step instruction on what needs to be done to make them effective.
Make sure your health and financial representatives know your wishes:
Often people tell a close friend or relative that they have been given power of
attorney over health and financial decisions of a loved one, but there's no
further effort to share those wishes or show them what their legal documents
specifically instruct them to do. Both sides should go over this information as
soon as the person agrees to be the other's representative.
| This article was produced by The Financial Planning Association. |
| 200912 2009-6530 |