If a person passes away without a will, it often can lead to family disputes and costly legal battles. Ideally, you have a will in place and have named a power of attorney for both finances and healthcare. However, if you don’t regularly update these documents and your beneficiary designations, your heirs could still face unnecessary legal complications, higher taxes, or even the possibility of assets going to the wrong people. Estate planning is essential, and it doesn’t have to be expensive—it’s an important step to ensure your wishes are carried out and your loved ones are protected.
Essential Estate Planning Documents
A basic estate plan includes a will, trusts, powers of attorney (POAs), and a living will. Here’s a breakdown:
- A Will: This outlines your assets and specifies how you want them distributed after your death. It’s important to know what to include and leave out in a will to avoid complications.
- A Living Trust: A living or revocable trust allows assets like real estate, stocks, and jewelry to be distributed according to your wishes without going through the probate process. This can save your beneficiaries time and money.
- A Living Will: Also called an “advance health care directive” in some states, this document outlines your health care wishes if you’re incapacitated or for end-of-life care decisions.
- Powers of Attorney (POA): These designations allow someone you trust to make financial or medical decisions for you if you’re unable to. You can also create a digital POA to manage online accounts.
- Review Regularly: Whether your estate is simple or complex, it’s crucial to review these documents every 3-5 years or after major life changes to ensure they reflect your current wishes
Beneficiaries
Certain assets, such as your retirement accounts and insurance policies, require you to name a beneficiary who will inherit the account when you die. That ensures those assets will go directly to your beneficiaries after you die, outside of probate.
Beneficiary designations usually supersede instructions in your will or living trust, so it’s critical to get them right. You should also name contingent beneficiaries in case you and the primary beneficiary — usually your spouse — die simultaneously or within a short period of time. Although 401(k) plans routinely remind participants to review their beneficiaries, they rarely advise them to name a contingent beneficiary.
If you don’t name a beneficiary — or the primary beneficiary predeceases you and you don’t designate a new beneficiary — the proceeds will be paid to the estate, which means they’ll go through probate. This could significantly delay the process of distributing assets in your estate, creating headaches and costs for your heirs.
Federal and State Estate Tax:
Although beneficiary designations, along with a living trust, will keep your assets out of probate, those measures won’t shield your heirs from federal or state estate taxes.
In 2024, estates valued at up to $13.61 million ($27.22 million for a married couple) are excluded from federal estate taxes. However, it will drop to about $6 million in 2025 unless Congress extends the estate tax provision of the Tax Cuts and Jobs Act. In addition, 12 states and the District of Columbia have much lower estate tax exemptions. Oregon’s kicks in for estates valued at $1 million or more.
You can reduce or avoid federal and state estate taxes by giving money away while you’re alive. In 2024, you can give up to $18,000 to as many people as you want without reducing your estate tax exclusion, and your spouse can give up to the same amount.
To read more about estate tax, click here
We recommend working with an experienced estate planning attorney to tailor a strategy that aligns with your unique situation and goals, and we would be happy to assist you in ensuring that you maximize the tax efficiency of these plans.