Kicking off the estate planning process is good any time of year but as we wind up 2021 and enter 2022, why not set it as one of your 1st quarter goals. This article, featured in Inside NOVA, December 14, 2021, and written by Merritt Green will help you get yourself thinking about what you should consider including in your estate plan. In his article, “Ask General Counsel: The 8 most important estate planning documents” Merritt Green writes the following ….
Estate Planning puts YOU in control. Whether you own a little or a lot, the last thing you want to do to your loved ones is leave a mess of paperwork and inaccessible online accounts if you become temporarily ill or incapacitated or when you pass away. Without any estate planning, heirs may lose life insurance payouts, tax deduction advantages, or even miss accounts they did not know existed, which will go to the state’s unclaimed property department.
Importantly, “estate planning” is not just about your property and assets. It is about you making decisions about what happens if you are incapacitated or pass away. Provided below is an estate planning checklist to guide you through the eight must-have estate planning documents before life circumstances get the best of you to decide what will happen to what you own and your body.
1. A Will: Explain your final wishes by naming an executor to carry out your final wishes as a fiduciary, specify which heirs will receive assets from your estate, and select a guardian for any minor children you may have through the Court process called Probate.
2. A Trust: Customize a legal agreement between you (settlor, grantor, or trust maker), the manager of your assets (trustee), and those who benefit from the trust (beneficiaries). Place your assets into the trust (fund your Trust). Trusts are revocable (can be easily changed) or irrevocable (cannot be easily changed) and go into effect during your lifetime, versus a will, which takes effect upon death. In addition, trusts usually avoid the costs and fees associated with the long and often drawn-out process of Probate Court.
3. Power of Attorney: Sign (execute) a legal document naming someone you trust to make key decisions on your behalf about your finances and/or health care. This document is essential, especially if you do not have a living trust, should you become incapacitated because of an accident, illness, or in a medically induced coma due to COVID or other conditions, because it allows a person to manage your assets when you are unable to do so under circumstances that you specify, including temporary incapacity.
4. Final Disposition: Share with your loved ones your preferences for burial or cremation, organ donation, pet care, and who should be notified when you pass away – or at best, make pre-arrangements to avoid other stressful decisions by your family and friends during an already unfortunately overwhelming time.
5. Important Legal Paperwork List: Find critical documents, make copies and secure same such as birth certificates, Social Security cards, medical care insurance documentation, passports, marriage certificates, income tax documents, life insurance policies, beneficiary designation forms, divorce certificates, other legal orders, business contracts, business incorporation documentation, and/or immigration papers. Having these documents, originals preferred, can save time in the probate process.
6. Financial Account List: Inventory your financial affairs (i.e., checking, savings, money markets, certificates of deposit (CDs), investments, annuity, retirement, pension, brokerage, etc.), and any debts, loans, lines of credit, any automatic payments and credit card accounts. In this way, should anything unfortunate occur, a trusted family member or friend can manage your accounts if you cannot for whatever reason – even temporarily.
7. Digital Account List: Software is convenient and useful in keeping track of your digital assets (bank accounts, employment benefits, retirement accounts, and health insurance portal); however, because a change of service terms can make this difficult due to privacy and password protections (those dreaded security questions and answers). Instead, keep important images or messages backed up and saved in a place where your loved ones can access them (and know where to find them).
8. Residential paperwork: Locate and secure all documents related to every real estate property that you own or lease – deed or lease documents, title insurance, homeowners or renters’ insurance, tax payment history, etc. Taking one (1) hour to assemble this do
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate, or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate, or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526). David H. Lefton is an Estate Planning and Probate Attorney. He is a partner in the law firm of Barron, Peck, Bennie & Schlemmer.