When people
hear the words “estate planning”, they often think it only applies to the rich
and famous or those who have the potential of a taxable estate. This is a
common misconception.Everyone,
regardless of their net worth, needs to prepare some basic estate planning
documents. Basic estate planning documents not only direct how your assets will
be distributed upon your death but can also carry out your final medical
wishes. Most importantly, these basic estate planning tools can help protect
your loved ones during a difficult time.
Here are the two tools you should have:
Will – This
is a legal document that lays out the distribution of your personal property
after you die. You choose the person, your personal representative, who will
oversee your estate as it goes through probate. A will not only protects your
physical assets but also any children you have as a will allows you to appoint
a legal guardian, rather than letting the court make this decision. A will must
be drafted by a lawyer who can ensure that your will meets your home states
legal requirements.
Living Trust
– This is a legal entity where you are able to transfer title of your property
during your lifetime. The first major benefit is you maintain control over all
of the assets transferred to the living trust during your life. You also choose
who the trustee of your living trust will be when you die. The trustee ensures,
after your death, your assets are distributed to the named beneficiaries. The
second major benefit of a living trust is that this trust avoids probate, which
can be costly and time consuming.