• Home
  • |
  • Blog
  • |
  • Estate Planning and Survivorship

Estate Planning and Survivorship

Todd Franzen

October 15, 2023

How to Ensure Financial Security

A painting named "Estate" in the style of Jamie Lynn with the text Estate Planning and Survivorship: How to Ensure Financial Security.

As two-time lymphoma cancer survivors, we know firsthand how important it is to plan for the future. Estate planning is crucial in ensuring that our loved ones are taken care of financially after we’re gone. It involves creating a comprehensive plan for managing and distributing our assets, including property, investments, and life insurance policies.

Understanding estate planning can be overwhelming, but breaking it down into manageable components is essential. Elements of an estate plan may include creating a will, establishing trusts, and designating beneficiaries.

Additionally, insurance can play a critical role in estate planning, particularly in survivorship policies that cover two policyholders and payout after the second death. By taking these steps, we can ensure that our assets are distributed according to our wishes and that our loved ones are financially secure.

Key Takeaways

  • Estate planning is crucial for ensuring financial security for loved ones after death.
  • Components of an estate plan may include creating a will, establishing trusts, and designating beneficiaries.
  • Insurance, particularly survivorship policies, can be critical in estate planning.

Understanding Estate Planning

Estate planning is arranging to distribute an individual’s assets after their death. It involves creating a plan that outlines how assets will be transferred to beneficiaries, how taxes will be paid, and how medical and financial decisions will be made in the event of incapacity. Estate planning is integral to financial planning and can help ensure that an individual’s assets are distributed according to their wishes.

Creating an estate plan can be complex, and working with a financial advisor or estate planner is vital to ensure that all aspects of the plan are appropriately addressed. A financial advisor can help individuals identify their goals and develop a plan that meets their needs. An estate planner can help individuals create legal documents, such as wills and trusts, to ensure their assets are distributed according to their wishes.

When creating an estate plan, it is essential to consider all of an individual’s assets, including property, investments, and personal possessions. It is also necessary to consider the needs of beneficiaries, such as children or other dependents, and to ensure their needs will be met after the individual’s death.

Overall, estate planning is an essential part of financial planning that can help ensure that an individual’s assets are distributed according to their wishes. Working with a financial advisor or estate planner is vital to creating a comprehensive estate plan that meets an individual’s needs.

Components of an Estate Plan

Planning for the future is essential for everyone, especially when it comes to ensuring financial security for our loved ones after we are gone. An estate plan is a legal document that outlines our wishes regarding the distribution of our assets after our death. It is essential to have an estate plan in place to ensure that our assets are distributed according to our wishes and to avoid any confusion or disputes among our loved ones.

We should consider several components of an estate plan, including a will, trust, living will, power of attorney, estate equalization, irrevocable life insurance trust, and special needs trust.

Here is a brief overview of each component:

  • Will: A will is a legal document that outlines our wishes for asset distribution after death. It designates beneficiaries, names minor children’s guardians, and includes other instructions. A will ensure our assets are distributed as desired.
  • Trust: A trust is a legal arrangement where assets are transferred to a trustee who manages them for the beneficiaries. It helps avoid probate and manages the estate during and after our lifetime.
  • Living Will: A will is a legal document that outlines medical treatment preferences when we can’t decide. It lets us appoint someone to act on our behalf.
  • Power of Attorney: A power of attorney is a legal document that appoints someone to act on our behalf in legal and financial matters. Having a power of attorney is crucial when we cannot decide for ourselves due to incapacity.
  • Estate Equalization: Estate equalization is a strategy to ensure that our assets are distributed fairly among our beneficiaries. It involves dividing our assets to consider each beneficiary’s needs and circumstances.
  • Irrevocable Life Insurance Trust: An irrevocable life insurance trust is a legal arrangement where we transfer our policy to a trustee, who manages it for our beneficiaries. It helps avoid estate taxes and ensures they receive the full policy value.
  • Special Needs Trust: A special needs trust is a legal arrangement that allows us to support a beneficiary with special needs without affecting their eligibility for government benefits. It enables us to provide for our loved ones while ensuring they receive government assistance.

The Role of Insurance in Estate Planning

Regarding estate planning, insurance can ensure financial security for your loved ones. In this section, we’ll explore the two main types of insurance commonly used in estate planning: life insurance and insurance riders.

Life Insurance

Life insurance is a type of insurance that pays out a death benefit to your beneficiaries upon your passing. There are two main types of life insurance: term life insurance and whole life insurance.

Term life insurance provides coverage for a specific period of time, such as 10 or 20 years. Once the term is up, the policy expires without payout. On the other hand, whole life insurance provides coverage for your entire life and includes a cash value component that grows over time.

Life insurance can be a helpful tool in estate planning because it provides a guaranteed payout to your beneficiaries. This can help ensure they are cared for financially after you’re gone.

Insurance Riders

Insurance riders are additional features that can be added to a life insurance policy to provide additional benefits. One common rider is the accelerated death benefit rider, which allows you to access a portion of your death benefit if you are diagnosed with a terminal illness.

Another rider that can be useful in estate planning is the survivorship life insurance rider. This rider provides coverage for two people and pays out a death benefit upon the passing of the second person. This can be a valuable tool for couples wanting to ensure their beneficiaries are cared for after both are gone.

In conclusion, insurance can play a vital role in estate planning by providing financial security for your loved ones. Whether you choose to use life insurance, insurance riders, or both, working with a qualified estate planning professional is essential to ensure your plan is tailored to your unique needs and goals.

Estate Planning for Different Life Stages

Estate planning is critical to protecting your financial legacy, providing for loved ones, reducing taxes, and preventing unnecessary expenses. The reasons for an estate plan change depending on your stage of life. This section will discuss how estate planning can be tailored to different life stages.

Married Couples

Married couples should consider estate planning to ensure their assets are distributed according to their wishes. They should also consider the following:

  • Creating a will or trust to protect their assets and provide for their loved ones
  • Naming a guardian for their children in case of incapacity or death
  • Updating beneficiary designations on retirement accounts, life insurance policies, and other assets
  • Considering a prenuptial or postnuptial agreement to protect assets in case of divorce

Divorce

Divorce can have a significant impact on an estate plan. After a divorce, it is important to:

  • Update beneficiary designations on retirement accounts, life insurance policies, and other assets
  • Review and update your will or trust to ensure that it reflects your current wishes
  • Consider creating a new estate plan if necessary
  • Consider the impact of alimony and child support payments on your finances and adjust your estate plan accordingly

Disability

Disability can also have a significant impact on an estate plan. If you become incapacitated, you may need someone to decide. To prepare for this possibility, you should:

  • Create a durable power of attorney to appoint someone to make financial decisions on your behalf
  • Create a healthcare proxy to appoint someone to make medical decisions on your behalf
  • Consider creating a living trust to manage your assets if you become incapacitated
  • Review and update your estate plan regularly to ensure that it reflects your current wishes

In conclusion, estate planning is important at every stage of life. By creating an estate plan that reflects your current wishes, you can ensure that your family and loved ones are provided for and that your assets are distributed according to your wishes.

Estate and Tax Planning

Regarding estate planning, it’s important to consider tax implications and ensure that your assets are distributed according to your wishes. This section will cover two critical topics: estate tax and retirement accounts.

Estate Tax

One of the main concerns of estate planning is minimizing estate taxes. The federal estate tax is a tax on property transfer at death. For 2023, the federal estate tax exemption is $12.06 million per person, meaning estates below this amount are not subject to federal estate tax. However, it’s important to note that some states have their estate tax laws, which may have different exemption amounts.

Several strategies can be used to minimize estate taxes, such as gifting assets during your lifetime, setting up trusts, and using life insurance. Working with a qualified estate planning attorney or financial advisor is essential to determine the best strategy for your specific situation.

Retirement Accounts

Retirement accounts, such as 401(k)s and IRAs, are essential to many people’s estate plans. These accounts can provide tax benefits during your lifetime and be passed on to your heirs after death.

One important consideration when it comes to retirement accounts is ensuring tax efficiency. For example, if you have both taxable and tax-deferred accounts, it may make sense to withdraw from the taxable account first to minimize the tax impact. Additionally, you must name beneficiaries for your retirement accounts and keep them current.

Another consideration is the required minimum distributions (RMDs) that must be taken from retirement accounts after age 72. Failing to take RMDs can result in significant penalties, so it’s essential to plan accordingly.

Overall, estate and tax planning can help ensure that your assets are distributed according to your wishes and that your heirs receive the maximum benefit from your estate. Working with a qualified professional is essential to develop a plan that meets your specific needs and goals.

Probate and Estate Distribution

Regarding estate planning, probate is a term that often comes up. Probate is the legal process of distributing deceased people’s assets to their beneficiaries. The probate court oversees this process, which can be lengthy and expensive. It is important to note that not all assets go through probate. Assets that are jointly owned or have a designated beneficiary, such as life insurance policies or retirement accounts, are typically not subject to probate.

During probate, the court will confirm the validity of the deceased’s will and oversee the distribution of assets to their beneficiaries. If the deceased did not leave a will, the court will follow state laws to determine how assets are distributed. This can be a complicated process, and it is essential to have a clear and comprehensive estate plan in place to avoid any confusion or disputes.

It is also essential to consider the tax implications of estate distribution. In the United States, a federal estate tax applies to estates over a particular value. The current exemption amount is $11.7 million per person, but this amount is subject to change. State estate taxes may also apply, depending on where you live.

To ensure that your assets are distributed according to your wishes and to minimize the tax burden on your beneficiaries, working with an experienced estate planning attorney is essential. They can help you create a comprehensive estate plan that includes wills, trusts, and other strategies to ensure your assets are distributed as intended.

Probate and estate distribution are complex processes requiring careful planning and attention to detail. By working with an experienced attorney and creating a comprehensive estate plan, you can ensure that your assets are distributed according to your wishes and that your loved ones are provided for after your passing.

Estate Planning and Real Estate

Regarding estate planning, real estate is one of the most significant assets people often overlook. Including your real estate property in your estate plan is essential to ensure that it is distributed according to your wishes after your death.

One of the most common ways to transfer real estate property is through a will. You can leave your property to your beneficiaries, who will receive it after your death. However, the probate process can be lengthy and expensive, and it is not the best option for everyone.

Another option is to use a trust to transfer your real estate property. A trust can help you avoid probate, reduce estate taxes, and provide more control over how your property is distributed. You can transfer your property to a trust while you are alive, and your beneficiaries will receive it after your death.

If you have a mortgage on your property, it is essential to consider how it will be paid off after your death. You can name a beneficiary for your mortgage, and they will be responsible for paying it off. Alternatively, you can set up a life insurance policy to cover the mortgage payments.

Transfer-on-death (TOD) deeds are another option to transfer real estate property. A TOD deed allows you to name a beneficiary who will receive your property after your death. It is a simple and cost-effective way to transfer your property without going through probate.

Including your real estate property in your estate plan ensures it is distributed according to your wishes after your death. There are various options to transfer your property, including wills, trusts, TOD deeds, and life insurance policies. It is essential to consult with an attorney to determine the best option for your situation.

Charitable Giving and Estate Planning

When we think about estate planning, we often focus on how to divide our assets among our loved ones. However, charitable giving is another crucial aspect of estate planning that can significantly benefit both the donor and the charitable organization.

One way to incorporate charitable giving into your estate plan is by leaving a bequest to a charitable organization in your will. This allows you to support a cause that is important to you even after you are gone. You can specify a certain amount or percentage of your estate to be donated to the charity of your choice.

Another option is to establish a charitable trust. This type of trust allows you to donate assets to a charity while retaining some control over how the assets are used. There are two leading charitable trusts: a charitable remainder trust and a charitable lead trust. A charitable remainder trust allows you to receive income from the trust during your lifetime, with the remaining assets going to the charity upon your death. A charitable lead trust, on the other hand, allows the charity to receive income from the trust for a specified period of time, after which the remaining assets are passed on to your heirs.

It’s important to note that tax benefits are associated with charitable giving in estate planning. Charitable donations are deductible on your income tax return, and donating appreciated assets can also provide significant capital gains tax savings.

Overall, charitable giving can be a meaningful way to leave a lasting impact on a crucial cause while providing your loved one’s tax benefits and financial security.

Planning for Medical and End-of-Life Expenses

As we plan for our future, it’s essential to consider the possibility of medical expenses and end-of-life care. This topic can be complex, but being prepared for any situation is essential.

Long-term care is a common concern for many people. It’s essential to consider the potential costs of in-home care or a nursing home and its impact on our loved ones. One option to help cover these expenses is long-term care insurance, which can provide financial assistance for various services.

Another critical consideration is funeral planning. By pre-planning our funeral, we can help ease the burden on our family members and ensure our wishes are fulfilled. This can include decisions about burial or cremation and the type of service we would like.

We must also consider our health condition and how it may impact our future, for those of us who have faced severe health challenges, planning for future medical needs is crucial. This may include appointing a healthcare proxy or creating an advanced directive, which outlines our medical wishes if we cannot make decisions for ourselves.

In summary, planning for medical and end-of-life expenses can be a challenging but necessary process. By considering our options for long-term care, funeral planning, and healthcare decisions, we can help ensure financial security and provide peace of mind for ourselves and our loved ones.

Online Services for Estate Planning

As two-time lymphoma cancer survivors, we understand the importance of estate planning and ensuring financial security for our loved ones. We know that estate planning can be a daunting task, but luckily, online services can make the process easier and more affordable.

Using an online service for estate planning can be an excellent option for those who do not have complex planning needs. These services typically offer primary estate planning documents such as wills, trusts, and powers of attorney. According to Fidelity Viewpoints, they can be completed online in 1 to 3 hours and cost less than $1,000.

One popular online service for estate planning is LegalZoom. LegalZoom offers a variety of estate planning documents, including wills, living trusts, and powers of attorney. They also offer a subscription service that provides ongoing legal advice and document review. Another online service is Trust & Will, which specializes in creating trusts and wills. They offer a variety of trust options, including revocable living trusts, irrevocable trusts, and special needs trusts.

While online services can be convenient and cost-effective, it’s important to note that they may not be suitable for everyone. If you have complex planning needs, consulting with an estate planning attorney may be best. An estate planning attorney can provide personalized advice and help you create a comprehensive estate plan that meets your needs.

In conclusion, online services can be an excellent option for those with basic estate planning needs. They offer convenience and affordability, but weighing the pros and cons before choosing this option is crucial. If you have complex planning needs, consulting with an estate planning attorney may be best.

Dealing with Debts in Estate Planning

When it comes to estate planning, dealing with debts is an important consideration. Having over lymphoma cancer, we deeply recognize the significance of financial stability and the welfare of our beloved ones even when we’re no longer here. Here are some things to remember when managing debts in estate planning.

First, it’s crucial to have a clear understanding of the debts that we have. This includes any outstanding loans, credit card balances, and mortgages. One way to manage these debts is to ensure that we have enough liquidity in our estate to cover them. This can be achieved through various means, such as setting aside cash reserves or investing in assets that can be easily liquidated.

Another option is to consider using life insurance policies to cover debts. Survivorship policies, in particular, can be helpful in this regard. They provide coverage for both partners and pay out when the second partner dies. The proceeds can then be used to cover any outstanding debts.

It’s also important to consider the impact of debts on our beneficiaries. There are instances when it becomes necessary to settle our debts before distributing any assets to our cherished ones. Navigating this intricate process necessitates the expertise of a seasoned estate planning attorney. Their guidance is paramount in ensuring meticulous and accurate handling of all matters involved.

In summary, managing debts is an integral part of estate planning. By comprehending our financial obligations, ensuring sufficient liquidity, and considering the ramifications for our beneficiaries, we can guarantee that our dear ones are well cared for even after our departure.

Final Thoughts

Estate planning and survivorship are crucial components of financial security. Survivorship insurance has proven invaluable in securing the future well-being of our cherished ones, guaranteeing their care even in our absence. It can also be an effective estate planning tool to lighten the future tax burden for our heirs.

We have previously emphasized the significance of crafting an estate plan to guarantee the proper distribution of our assets in accordance with our desires. Without an estate plan, the state government will settle our estate and divide the remaining assets according to their rules. This can lead to unintended consequences and disputes among family members.

Discussing estate planning and survivorship strategies with a financial advisor is essential. They can help us create a plan tailored to our unique needs and goals. We should also review our estate plan regularly to ensure it remains up-to-date and reflects any changes in our circumstances or wishes.

Preparing for the unforeseen may pose challenges, yet ensuring the well-being of our cherished ones once we depart is an imperative responsibility. By creating an estate plan and considering survivorship insurance, we can provide financial security and peace of mind for ourselves and our families. -T

Frequently Asked Questions

What is an estate planning checklist, and why is it important?

An estate planning checklist is a tool that helps you organize your assets and liabilities and plan for the distribution of your assets after you pass away. A well-crafted estate plan is crucial as it guarantees the realization of your desires, diminishes the chances of conflicts among your beneficiaries, and mitigates estate taxes and legal expenses.

Doing so ensures that your wishes are upheld while promoting harmony, financial efficiency, and peace of mind for your loved ones. You should update your estate planning checklist regularly to reflect changes in your life, such as marriage, divorce, or childbirth.

How does a survivor policy work, and what are the benefits?

A survivor policy is a type of life insurance policy that covers two people, usually spouses, and pays out a death benefit when the second person passes away. The benefits of a survivor policy include lower premiums than two separate policies, the ability to leave a legacy to heirs, and the flexibility to use the death benefit to pay estate taxes or other expenses.

What are the pros and cons of a second-to-die life insurance policy?

A second-to-die life insurance policy is a survivor policy that pays out a death benefit when the second person in a couple dies. The pros of a second-to-die policy include lower premiums than two separate policies, the ability to use the death benefit to pay estate taxes or other expenses, and the potential to leave a legacy to heirs. The cons include the inability to access the death benefit until both people pass away, the potential for changes in the policy terms, and the fact that the policy may not be necessary if the estate is not subject to estate taxes.

What happens to assets after death without a will?

If you pass away without a will, your assets will be distributed according to state law, which may not reflect your wishes. Your assets will be subject to probate, which can be lengthy and expensive. In addition, if you have minor children, the court will appoint a guardian for them, which may not be the person you would have chosen.

When does the insurer pay the death benefit in a survivorship life policy?

The insurer will pay the death benefit in a survivorship life policy when the second person in the couple passes away. The death benefit can be used to pay estate taxes or other expenses or to leave a legacy to heirs.

How can you control how heirs spend your money through estate planning?

With proper estate planning, you maintain control over the allocation of your wealth, influencing how your heirs utilize the funds. By establishing trusts, you can precisely outline the terms and conditions for the money’s usage, ensuring its intended purpose is fulfilled while preserving your legacy. For example, you can set up a trust that pays out a certain amount each year to a beneficiary or one that only pays out money for specific purposes, such as education or medical expenses. Trusts can also provide tax benefits and protect assets from creditors.

Related Posts

Identity Reclamation

Identity Reclamation

Minimizing Screen Time

Minimizing Screen Time

Sense of Abandonment

Sense of Abandonment

Compartmentalize

Compartmentalize

Social Isolation Risks

Social Isolation Risks

Medical Conundrum

Medical Conundrum

Todd Franzen


Todd Franzen is a 2X Hodgkins Lymphoma Survivor. Living in Breckenridge Colorado

Your Signature

Leave a Reply


Your email address will not be published. Required fields are marked

{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}