Overview

Estate planning, which includes legal documents like wills, trusts, and powers of attorney, is the process of preparing instructions on how to manage your assets after your death. State and federal laws apply to estate planning, and so do taxes. In order to protect your assets, it may be necessary to create legal entities such as limited liability companies (LLCs) or family partnerships. The estate tax and other related issues are a hot political topic, and estate laws change often. It is vital to consult an experienced estate planning attorney, in order to protect your assets and meet the goals of your estate planning process.

Estate planning allows you to decide what will happen to your assets after your death. It allows you and your loved one to save time and legal costs, and avoid financial and administrative hassles. Your estate plan should include two vital documents; a will and a durable power of attorney.

A durable power of attorney is a legal document that allows you to give directions to another person, who can then make legally binding decisions if you are unable to do so yourself.

A will is a legal document which provides instructions on how to deal with your property after your death.

In addition, other legal documents such as a health care proxy, a living will, and a revocable (or "living") trust can help with decisions should you become incapacitated. A revocable trust can take control of your property before you die, allowing you and your family to avoid probate proceedings.

The basic purpose of estate planning is not simply to distribute property after death, but to reduce inefficiency and taxes throughout the probate process. Most estates are free of federal taxes, and a spouse can leave a surviving spouse an unlimited amount of money free of taxes. Under current law, all estates over $2 million in size will be charged with the federal estate tax. In 2009, the cap will be raised to $3.5 million. In 2010, no estate taxes at all will be charged. However, in 2011 the estate tax will return at the $1 million amount set in 2002. Unless Congress enacts additional tax cuts, this will be the permanent amount. Many states also charge an inheritance tax.

Estate planning is vital to work towards security and peace of mind for yourself and your family. If you need help an any stage in the estate planning process, you should contact a lawyer experienced in estate planning to ensure your needs are met and your estate is protected.

Wills and Trusts: Wills

Your will can do more than simply relay instructions on how to distribute your property after death. You can name relatives, friends, charities, or any other recipient you wish. You can also relay other instructions, such as specifying an executor for your estate or a legal guardian for your children. It is important to ensure that the named guardian has accepted this role, because they are allowed to refuse. The executor is responsible for administering your estate and making sure that your instructions are followed. The executor also represents your estate if it must pass through probate court. Given these responsibilities and the large amount of time they require, you should give careful thought to your choice of executor.

You should never consider your will a final document. Laws and legal interpretations change, as does your personal, financial, and familial situation. You should periodically review and update your will with the help of an attorney. Your will can either be replaced by a new will or revised by drafting an amendment or "codicil". Wills and codicils must be written using specific legal formulas in order to be valid. You should consult an experienced attorney when drafting or revising a will.