It is often difficult to start the estate planning process. We all know that there are certain documents we should likely have in place. We all know that we should talk to family and friends to seek input and assistance on important decisions. We all know that we should likely obtain the help of professionals in getting a proper plan together.
Despite knowing all this, how do we even begin the process? The questions and answers below are designed to start a conversation about the key issues in your estate planning. With the help of family, friends, and the appropriate professionals, that initial conversation will hopefully lead to the establishment of an estate plan that works for you.
How do I transfer my assets to my loved ones after my death?
There are three basic ways to transfer your assets after your death. First, you can direct the transfer in a Last Will and Testament. Second, you can create a Lifetime Trust, transfer the property to the Trust, and then direct the property distribution in the Trust. Third, you can make the property automatically go to others by beneficiary designations, transfer on death provisions, joint ownership, or similar arrangements that take effect upon your death. Whether you should have a Will, a Trust, or establish automatic transfer on death arrangements is something you should discuss with an estate planning attorney. Based on a variety of considerations, you may want to use one or more of these techniques to ensure your property is transferred as you wish.
What steps should I take to plan for my potential incapacity?
In order to plan for your potential incapacity, you should have a Power of Attorney and a Health Care Proxy in place. The Power of Attorney will designate an agent who can handle your financial affairs if you are no longer able to do so. The Health Care Proxy will designate an agent who can handle your health care decision making after you no longer are able to do so. The Health Care Proxy can also be paired with a Living Will, which is an expression of your wishes with regard to your medical care.
What do I need to do to make sure my final wishes are honored?
Many people rely on their family to handle their funeral arrangements and costs after they die. As an alternative, you may want to consider pre-planning for those arrangements and costs. By doing so, you will relieve your family from many challenging decisions and the associated cost burden. If you wish, you can also sign an Appointment of Agent to Control Disposition of Remains, which is a form usually drafted by an attorney. That form designates who is in charge of your remains after you pass away, and it includes provisions regarding your particular wishes.
How can I provide for family members that I leave behind?
You can obviously leave your assets to your family members, however, if those assets are potentially insufficient to care for those you leave behind, you may want to consider purchasing life insurance. This is especially so for young families with children. Term life insurance for younger, healthy people with children is generally affordable and can provide potentially significant funds for children who need support if one or both of their parents die unexpectedly.
What provisions can I make to pay for nursing home costs?
Nursing home costs can be paid for in one of three ways: through your own private funds, with long term care insurance, or by Medicaid coverage. By discussing your options with a financial planner or attorney, you can develop a plan that works for you.
What can I do to make it easier for someone to handle my affairs if I die or become incapacitated?
If you die, your estate fiduciary or your trustee will take over your affairs. If you become incapacitated, your power of attorney agent and health care proxy agent will be able to act for you. In either case, it would be very helpful to put together a list of your assets, along with contact numbers for all the appropriate professionals, i.e. attorneys, accountants, financial advisors, etc. With this information in hand, the people taking over after your death or incapacity will have a reasonable place to start their work.
What plan should I have in place for my residence?
Although most of us would like to age in place, we must be realistic about the level of care we might need as we grow older and what resources may be necessary to provide that care. As a result, you should develop a plan to provide for in home care or consider alternatives for moving your residence to a facility that can provide the care you will need. Discussions with your family and friends about alternatives like assisted living facilities or adult homes need not wait until after that level of care is needed. In fact, the discussions are often most helpful in advance of the actual need for services.
Hopefully, by working through these questions, it will start a conversation about your estate planning. That conversation should include family, friends, and the appropriate professionals, i.e. attorneys, accountants, and financial advisors. The end goal is to develop an estate plan that meets your needs and provides for the ones you love.
Matthew J. Dorsey, Esq. is a Partner with O’Connell and Aronowitz, 1 Court St., Saratoga Springs. Over his twenty-three years of practice, he has focused in the areas of elder law, estate planning, and estate administration. Mr. Dorsey can be reached at 518-584-5205, This email address is being protected from spambots. You need JavaScript enabled to view it., and www.oalaw.com.
