Your Estate Plan: What NOT to Do

Problems with your estate plan may not become apparent until it is too late to fix them. Here are some common pitfalls:
• Failing to plan for large expenses, such as long-term care. • Failing to update your estate plan, including beneficiary designations on bank accounts, investment accounts, retirement accounts and insurance policies. • Failing to take steps to avoid family strife. • Putting your kids on the title to your stuff during your lifetime.

Estate Planning: Start With ‘Why’

Trust beneficiaries are sometimes left to wonder why a decedent instructed that a trust distribution be made in a  particular way. The trust clearly identified who the beneficiaries were, what they were to receive and how they were to receive. But unfortunately, the trust was silent as to the “why” of the distribution — the underlying reason and purpose for creating the trust in the first place.

Beware: It’s the Return of the Estate Tax

The good news is that the federal estate tax took a vacation in 2010. The bad news is that it spent the whole year lifting weights and taking steroids. The estate tax is coming back in 2011, as big and bad as it has been in a long time. Now is the time to review your estate plan and make changes that could drastically affect how much of your estate goes to your loved ones, and how much goes to the IRS.

Honoring the Mighty Pen

Making an estate plan that clearly documents intention helps surviving family members avoid fighting; especially in court. Yet lawyers will write the estate plan for exactly that purpose — writing as if it were going to be fought over in court. I call this legalese legal dis-ease. Write your intentions down in your own hand-writing for inclusion in your estate plan so that you don’t risk miscommunication or misunderstanding among surviving family members.

The Third Guarantee: Change

An often-heard quote about lifetime guarantees is the one about death and taxes. I would suggest that there is a third guarantee — that life changes. Nothing stays the same. So, once you’ve completed your estate plan, you’ll want to review it every so often to address...