Tuesday, April 15, 2014

What is "Estate Planning" Anyway?

Lawyers like to talk about "estate planning", but almost no one else uses that term in the same way.  I have asked many groups "What does estate planning mean to you?", and the responses have varied widely.  Most people just say a "will" or "trust".  That's certainly true, but there is a lot more to it than that.  For me, estate planning is more about objectives than documents.  So, here is my definition --
Estate planning is a combination of documents and strategies that are designed to achieve one or more of the following objectives --

  • Transfer assets to beneficiaries
  • Disinherit specific heirs
  • Manage assets for the benefit of another person
  • Minimize administrative costs
  • Minimize administrative complexity and litigation
  • Nominate persons to handle fiduciary responsibilities
  • Protect assets from creditors
  • Pay expenses & debts
  • Minimize estate and income taxes
  • Prepare for incapacity
An exact definition is not as important as achieving a positive outcome for the persons who care. Only one thing is certain -- it must be in writing!



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