We do an evaluation of your living trust, irrevocable trust, life insurance and other estate planning documents to update your estate plan to current law.
The Modern Dilemma of Creating an Estate Plan
In present day America everyone must deal with two primary problems: The high Cost of Living (Inflation) and Tax Erosion. Regardless of your station in life, you need to have an estate plan. If you own real estate or own a business you must have a plan in order to secure yourself and your family from the big two destructive factors mentioned above. The primary ideas in this article come from a wonderful book, The Complete Estate Planning Guide.
Classic estate planning was based on thrift and sound investment. While a modern estate plan takes into account these classic principles and weaves you through our tax saturated modern society. The alternative to structuring your estate plan is the default method. The default method of estate planning represents a failure to take advantage of the opportunities that exist for estate building. Surprisingly, young professionals, corporate executives, doctors, lawyers, and otherwise successful entrepreneurs everywhere fall into this default method for failing to plan ahead. Like a ship captain sailing blindly sailing into the night and with no destination in mind, you cannot reach your goals without an estate plan. This plan should be made as soon as one starts upon a career. For if one plots his course at the beginning he will arrive long before, perhaps decades before, those who fail to plan early.
What is Estate Planning?
It is the creation, preservation, and utilization of family resources to obtain the maximum support and security of the family both during the lifetime and after the death of the planner. Therefore, a good estate plan takes into account both short and long term objectives for estate building. The immediate elements of your plan must include a home, an income, savings, and life insurance. Not only will your goals establish an estate, but a standard of living. Establishing an estate plan will enable you to avoid the modern syndrome of "keeping up with the Joneses" while sacrificing estate building.
The Primary Factor in Building an Estate
Believe it or not, the single most important factor in estate building is determination. Without the conscious decision and active desire to make estate building an integral part of your financial planning from now until the day you die, you will not reach either your short or long term financial goals. If you've ever read The Millionaire Next Door, you know that it is often not the family with the nicest car or largest house that is the multi-millionaire on your street.
Questions you must ask in Creating an Estate Plan
When do you plan to retire? What income will you, your spouse, and your family need when you retire? What income will your spouse or loved ones have should you die or become disabled? What standard of living do you want to maintain? Will a college fund be set up for your children or grandchildren to allow them to attend a university and graduate school? Do you want to leave an inheritance or leave money to charity? It should be evident from the scope of these questions that in order to reach these goals, these questions need to me addressed as early in one's career as possible. Asking these questions early will allow you to scrutinize your standard of living carefully, before you get so caught up in everyday life that you fail to maximize every opportunity you had to build a personal legacy.
The First Step
Inventory your assets. For those early in their careers this may consist of the money in your wallet or the savings in your bank account. For those in their middle earning years this may consist of a house, some investments, a bank account, and life insurance. Whatever your assets: How much annual income do they produce? This answer may well be nothing even for most highly paid professional. You must seek to change this now and begin building an estate. This number gives an accurate picture of the ability of your estate to provide security for you and your family in the event of your retirement, disability, and death. The capital in your estate should never be encroached upon. The instant you are forced to dip into your capital, it loses a portion of its income producing capacity. The production of income and the inviolability of capital are paramount objectives of your estate plan.
If you've read the foregoing, we hope you will be inspired enough to get going with your estate planning. We are here to help.
What is a Trust?
A trust is a legal relationship in which one or more persons (the trustee or trustees) hold legal title to property and manage it for the benefit of one or more people (the beneficiary or beneficiaries). On creating a trust, the grantor has the power to include any lawful provisions he or she wishes to govern the trust relationship. Since tax considerations are usually important in the creation and management of a trust, the powers, rights, and duties of a trustee are often limited by the tax results desired by the grantor.
A trustee is generally required to keep trust property separate from the trustee's own property, and the property of each separate trust usually must be identified as the property of the individual trust; however, these requirements may be modified by the trust instrument under which you are acting. Even if you are allowed to hold trust property in your own name or commingle it with other property, separate records and separate tax returns are needed for every trust.
Modern trust instruments often contain provisions allowing trustees to make whatever types of investments are deemed to be in the best interest of the trust and the beneficiaries. Even though broad powers are granted to you, these powers must always be exercised for the best interest of the trust and the beneficiaries.
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