Showing posts with label Estate Plan Goals. Show all posts
Showing posts with label Estate Plan Goals. Show all posts

Thursday, November 23, 2017

Estate Planning to Achieve Your Unusual or Non-Traditional Estate Planning Goals

Summary: Everybody’s estate plan is a different from others’, to one degree or another. Many people have specific, unique or peculiar goals they’d like to accomplish through the legacy they leave behind. By obtaining a detailed and comprehensive estate plan, you can take full advantage of the law’s opportunity allowing to control your legacy and make sure that all of your planning objectives, both great and small, ordinary and unusual, are achieved. 

We all have our quirks -- those little peculiarities that make each of us unique. Our quirks can play a role in many things that we do, including, sometimes, how we go about planning our estates. Some of us may have rather ordinary estate planning goals, such as splitting assets between one’s immediate family and/or closest friends. Other people have goals that are more… unique.

The man who invented the Pringles potato chip can left instructions that, as part of his final arrangements, he should be cremated and part of his ashes should be buried… inside a Pringles can. An aristocrat from Portugal who died in 2007 had an unusual plan, not for his final arrangements, but for the distribution of his assets. He had no spouse and no children but lots of wealth. The aristocrat underwent the proper procedural steps such that, when he died, his wealth went to… 70 strangers whose names he selected from a telephone book.

A wealthy 19th Century man from Ohio decided to leave much of his estate for the benefits of animals. Specifically, according to a 2013 report in the Naples, Florida newspaper, his plan called for his wealth to be put toward the creation of a house for cats that was “complete with dormitories, an infirmary, a rectory, rat holes, roofs for climbing and areas for ‘conversation.’” There was even an auditorium where the cats could listen to live accordion music. Famed 1960s signer Janis Joplin had a much less elaborate but decidedly unusual estate planning goal: her plan set aside the sum of $2,500 for a rousing funeral party – a “final gesture of appreciation and farewell.”       

Chances are, your estate planning goals aren’t as exotic as a resort home for felines or leaving your wealth to strangers you’ve chosen at random. Nevertheless, it is entirely possible that your planning goals do include some highly personalized elements. Maybe you have some very particular asset distributions you want to make to specific beneficiaries. Perhaps you want your family to have the bulk of your wealth, but you want your mail carrier to have your collection of “joy buzzers” because you know he’s a hug aficionado of novelty toys.

Alternately, maybe you have specific and detailed desires for your final arrangements. Some people just want to express their wishes for where they will be buried and/or who will deliver the eulogy. Other people desire to script almost everything from eulogies to pall bearers to music to… nearly everything associated with their funeral and final arrangements.

Whatever your specific or unusual goals are, your comprehensive and detailed estate plan is the way to make sure those objectives are carried out. With a detailed will or will and revocable living trust, you can take control of your legacy and ensure that, even if you have very unusual estate planning goals you want to accomplish, those goals can be realized.

Your plan helps you in two ways: it expresses your intentions and helps prevent your loved ones being left “in the dark.” Sometimes, the loved ones you leave behind may fail to do exactly what you want, not because their reject your wishes, but because they don’t know exactly what your preferences are. With your plan, you can save them the stress that often comes with uncertainty. Your passing will be difficult for them. It will be even more so if they have to guess what your estate planning preferences were.

Your plan also avoids the perils of intestacy. If you leave no plan, then the law will simply look for your closest legal relatives (meaning, typically, a spouse and/or children) and divide everything you own amongst them. If your desires deviate from that cookie-cutter type approach in any way, then you need a plan. Your plan can ensure that you not only provide for your spouse and/or kids, but that all of your goals relative to all of your assets can be realized, even if those objectives are unique or unusual.       

This article is published by the Legacy Assurance Plan and is intended for general informational purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. You should consult with an attorney regarding any specific questions about probate, living probate or other estate planning matters. Legacy Assurance Plan is an estate planning services-company and is not a lawyer or law firm and is not engaged in the practice of law. For more information about this and other estate planning matters visit our website at www.legacyassuranceplan.com


This article written and published by:
8039 Cooper Creek Blvd
University Park, Florida 34201
844.306.5272 (Phone)
@assuranceplan
#legacyassuranceplan


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Monday, November 20, 2017

Second Marriages and Your Estate Plan


Summary:  There are many things in life that can highlight the need for a well though out estate plan that states your goals and desires with clarity. One such event is your decision to marry again. If you’ve decided to re-marry, you need a detailed plan to ensure that your objectives are 

Many people find love later in life. Whether their previous marriages ended as a result of death or divorce, they’ve moved on and have now found a new partner to share their lives with. For a lot of those people, they decide to take the plunge… again… and marry. If you are someone who has, or is considering, getting married for a second (or subsequent) time, there are some things regarding your estate plan that you should keep in mind.

The main and overarching thing you should keep in mind is the importance of details and clarity in your planning. Whether your plan is providing instructions regarding your new spouse, your ex-spouse, your children or your step-children, it is important to be clear, specific and detailed. In fact, that is one of the wonderful benefits of putting an estate plan in place. Without a plan of your own creation, you are stuck with the one-size-fits-most plan of intestacy created by your state’s laws. With a plan of your own creation, you have extensive latitude in how you distribute your assets.

Generally speaking, the law says that you are not allowed to disinherit a spouse, so you’ll want to keep that in mind as you enter your new marriage. There is a narrow exception here because, if you and your spouse have pre-nuptial or post-nuptial agreements that say that you are waiving your respective rights to claim a spousal share of the other’s estate, then you are allowed to disinherit your spouse. If that’s the case, though you should be very certain that your estate plan makes mention of the pre-nuptial/post-nuptial agreement clearly and specifically. For those without these types of agreements, your spouse may either accept what you’ve provided in your plan, or “elect” to receive the spousal share dictated by your state’s statutes.

For many people marrying later in life, there are children (often adult children) of previous marriages/relationships involved. This is yet another area where detailed and careful planning is so important, especially if there are complexities or challenges in your extended family. Some people may be worried that, if they die first, then their children may get stuck receiving nothing while their step-children end up getting everything. For those with such concerns, planning with a trust or trusts may be helpful in their estate plans. Inclusion of a trust or trusts can give you the ability to ensure that your side of the blended family continues to have a voice, even after you die (should you die first.) You could choose, for example, to create a living trust that names you and your new spouse as the initial trustees but that directs, upon your death, that the trusteeship be held by your spouse and one of your children.

In other cases, though, the complexity doesn’t arise from concerns about your step-children, but perhaps your own children. Sometimes, bonds of affinity don’t always track along the same lines as blood kinship. You may find yourself estranged from your own children while loving your new spouse’s kids as if they were your own. Again, this is a time for careful and detailed planning. The law says that you cannot disinherit a surviving spouse, but that is the only person you can’t disinherit. There’s no law that says you cannot leave a child nothing. The law gives you the freedom to customize your plan as you desire as long as you are accounting for your spouse. If you want to leave distributions to your new spouse’s children and leave you own biological children nothing or very little, you can do so. These situations can be tricky, though, as they often create an increased risk of estate plan contests in court, so it is important to work with an experienced estate planning attorney to get the strongest possible plan.     


This article is published by the Legacy Assurance Plan and is intended for general informational purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. You should consult with an attorney regarding any specific questions about probate, living probate or other estate planning matters. Legacy Assurance Plan is an estate planning services-company and is not a lawyer or law firm and is not engaged in the practice of law. For more information about this and other estate planning matters visit our website at www.legacyassuranceplan.com


This article written and published by:
8039 Cooper Creek Blvd
University Park, Florida 34201
844.306.5272 (Phone)
@assuranceplan
#legacyassuranceplan



          



Thursday, June 1, 2017

The Many Ways That Your Estate Plan Can Achieve ‘Extra’ Planning Goals

Summary: An estate plan can accomplish many major, common goals like avoiding probate, saving on some taxes and providing for a surviving spouse. But, if your objectives go beyond that, chances are your plan can help meet those preferences, too. With a carefully crafted plan, you can not only provide for your loved ones’ needs, you can incentivize them to make positive choices, too. 

Pay attention to discussions surrounding estate planning long enough and you’ll hear certain reasons for planning come up again and again… avoiding probate, potentially saving on certain taxes, directing family business succession or providing for your surviving spouse and children. These are all very important and very valid reasons to go out and get an estate plan (or update the one you have) and to do so without delay. However, these are not the only objectives you might want your plan to accomplish, and these are certainly not the only objectives your plan can achieve.

One thing that many people want to include as part of their legacy is helping to encourage their loved ones to make positive choices. What that means may vary depending on you and your family. Maybe you want your daughter to go to college and obtain a degree. Or perhaps you want to encourage your son to settle down, get married and live a more stable lifestyle.

There are ways of using your estate plan to accomplish these ends. One or more trusts may potentially serve as very useful vehicles in meeting this goal. Your trust(s) can dictate that certain events in a beneficiary’s life will trigger certain distributions to them from the trust’s assets. Those events could include things like graduating from college or getting married. By inserting these types of provisions, you are reaping multiple benefits. You are reinforcing your values (such as the importance of education and/or family,) you are helping incentivize your loved one to make wise decisions and, by delaying some of your loved one’s receipt of money, you are protecting him or her from the problems that can arise from receiving too much wealth at too young an age in a single lump-sum.

Speaking of protection, your trust can also help shield your loved ones, too. If you have a loved one with addiction issues, you can keep his or her money in trust, which offers the added protection of your trustee handling this beneficiary’s wealth instead of the addicted beneficiary him/herself. These same types of protections can be used for other beneficiaries, too, like a loved one who is in a bad marriage or is being sued. Certain trust types, such as ones often called “spendthrift trusts” can help you meet these goals.

Finally, it is often useful to make sure that your incentive provisions in your plan are what some observers call “more carrot and less stick.” By offering positive incentives, you will encourage your loved ones to follow the wise path you’d like them to follow. Negative incentives, such as provisions that call for your loved one to lose some or all of his distribution may not only create ill feelings, they may also invite legal contests to your plan, too.  

This article is published by the Legacy Assurance Plan and is intended for general informational purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. You should consult with an attorney regarding any specific questions about probate, living probate or other estate planning matters. Legacy Assurance Plan is an estate planning services-company and is not a lawyer or law firm and is not engaged in the practice of law. For more information about this and other estate planning matters visit our website at www.legacyassuranceplan.com


This article written and published by:
8039 Cooper Creek Blvd
University Park, Florida 34201
844.306.5272 (Phone)
@assuranceplan
#legacyassuranceplan