Estate Planning
David Postic
Top 7 Reasons People Delay Making An Estate Plan

According to a survey conducted earlier in 2019, only 40% of American adults have a Will or Trust. That percentage drops dramatically for younger age groups. For example, only 19% of people ages 18-34 have a Will or Trust.

So what’s the big deal?

As Baby Boomers pass away, experts predict that over $68 trillion (with a ‘trill’) in wealth will be transferred over the next 25 years. And the estate planning of those Boomers will control where all that wealth goes.

Despite the hugeness of those numbers and the importance of estate planning, it is easy to procrastinate when it comes to actually setting your affairs in order. Here are the top 7 reasons (in no particular order) people give us to explain why they delay estate planning:

1. “I’m too young.”

First of all, you are never too young to have an estate plan. I wrote a series of articles specifically geared toward estate planning for Millennials. (Or you can substitute “Millennials” for “Gen Z” or whatever weird thing we are on now.)

Whenever young people say “I don’t have enough assets for an estate plan” or “I’m going to wait until I have a family,” what they are really saying is, “I don’t plan on going anywhere anytime soon.” Because young people don’t die, they live forever.

Top 7 Reasons People Delay Making An Estate Plan
Estate Planning, Taxes
David Postic
Everything You Wanted To Know About Estate ...

The Internal Revenue Service (IRS) recently announced that the estate and gift tax exemption is increasing in 2024 to $13.61 million per person, up from $12.92 million in 2023.

The IRS also confirmed that the annual gift exclusion amount is increasing from $17,000 per person in 2023 to $18,000 per person in 2024.

Read more: IRS Rev. Proc. 2023-34

Okay great, you might be saying to yourself. But what does that mean, and why does it matter?

Great questions.

There are a lot of misconceptions about estate taxes and gift taxes — often referred to as “death taxes.” What they are, who has to pay them, how to avoid them.

This article is my attempt to demystify the topic for you and to help you figure out how these tax changes could affect your estate plan.

Everything You Wanted To Know About Estate & Gift Taxes
Estate Planning
David Postic
8 Questions to Prepare Your Estate Plan for 2024

2023 is almost over.

The end of the year is a time for people to gather together with family and friends, to look back on the past 365 days, and to look forward to better, happier things.

People usually don’t want to think about things like—oh, I don’t know—their mortality. Death. Stuff like that.

However, it is crucial to regularly review and, if needed, update your estate plan. The end of the year is the perfect time to do that.

So before you completely wipe 2023 from your memory, ask yourself these 8 questions to make sure your estate plan is ready for whatever 2024 throws at you.

1. Will the right people get my “stuff”?

First, make sure your will or trust correctly states who will inherit your assets.

You should then review your pay-on-death (POD) beneficiaries on insurance policies, retirement accounts, and other assets.

Do they match the beneficiaries in your will or trust?

Related post: 7 Mistakes to Avoid When Naming Beneficiaries

Many people incorrectly believe that a legal document such as a will or a trust controls what happens to all of their assets.

However, beneficiary designations can override those documents.

For example: Your trust may say that your son John will receive your entire estate and that you are disinheriting your other son, David.

But if your insurance policy lists David as beneficiary, he will still get part of your estate.

You should therefore coordinate your beneficiary designations with your will or trust to make sure all of your assets are distributed the way you want.

8 Questions to Prepare Your Estate Plan for 2024
Estate Planning
David Postic
What's the Difference Between a Will and a ...

Lawyers love to be confusing.

We use insane-sounding words from Latin and Greek and some other languages that I’m pretty sure are completely made up.

Words such as testator, force majeure, per stirpes, and inter vivos.

Our words are so weird, we have to italicize them.

So I’m not surprised when someone asks me whether a Last Will and Testament and a Living Will are the same thing.

After all, both documents have “Will” in their names, right? It would only be reasonable to think that they are similar.

But they are not similar. They are very, very different.

So I’m going to cut through the legal jargon and explain the differences between Wills and Living Wills — and help you decide which one might be best for you.

Last Will and Testament vs. Living Will

Before diving into specifics, it’s first helpful to know how to define estate planning:

An estate plan ensures (1) that the right people are able to care for your SELF in the event you become incapacitated and (2) that the right people are able to get your STUFF in the event of your death.

Every estate planning tool fits into one of those two categories, and a good estate plan should address both areas of focus.

And as luck would have it, I will be discussing both categories in this post.

What's the Difference Between a Will and a Living Will?
Estate Planning
David Postic
3 Magic Ingredients in a Great Letter of ...

So you’ve got some nifty estate planning documents?

You are awesome.

Formal estate planning document can ensure your family is cared for after your death, avoid court, and minimize the burden your loved ones will face when you are gone.

But legal documents are only one part of the equation.

Your estate plan is not complete just because you signed some fancy papers.

Because while formal estate planning documents can avoid legal obstacles after your death, they do not eliminate the myriad other tasks necessary to settle your affairs.

Think of it this way:

If you died today, would your family know what to do?

If they couldn’t remember anything you told them about your estate, would they be able to easily find all the information they need?

Read more: Why You Need to Have an Estate Planning Fire Drill

If you answered “no” to either of those questions, then your estate plan is not complete.

To make things easier on your loved ones after your death, the best thing you can do is create an estate planning letter of instruction.

3 Magic Ingredients in a Great Letter of Instruction

guardianship

Coronavirus: Why You Need a Power of Attorney

Coronavirus: Why You Need a Power of Attorney

Unless you have been living in a bubble (which might actually be a good idea), you have heard about the novel Coronavirus, or COVID-19, which the World Health Organization has declared to be a pandemic.

It’s a scary time in the world, and this article isn’t intended to make things scarier.

On the contrary.

My goal is to help you get some peace of mind. Because even though this health crisis has left many of us feeling helpless, there are a few simple — yet incredibly important — legal tools that can make a HUGE difference for you and your loved ones.

Estate Planning Matters Now More Than Ever

Coronavirus is not an ordinary virus.

It can ultimately cause respiratory failure, requiring patients to be intubated and put on a ventilator. (You know, that thing hospitals are running low on?)

For many, that’s the most frightening aspect of this pandemic: it can cause temporary or permanent incapacity, i.e., the inability to care for or make decisions for yourself.

Estate Planning: the Perfect Christmas Gift

Estate Planning: the Perfect Christmas Gift

This post is for parents.

It’s for kids.

It’s for grandkids.

It’s for anyone who wants to give or receive a present for Christmas or any other holiday you celebrate.

In short, this post is for everyone. Because everyone gives and/or receives presents and everyone can benefit by having (or by your parents and/or grandparents having) an estate plan.

So if you have been frantically searching for a Christmas present or racking your brain to come up with your own wish list, you can stop now. Your search is over. I have found the perfect Christmas gift.

Kids: Ask Your Parents For An Estate Plan

One of the funny things about getting older is that I have a lot more appreciation for stuff that I used to think was boring. Take socks, for example. If I get a good pair of socks for Christmas and nothing else, I would be content. And socks are so important and sensible, if I tell my parents I want socks for Christmas, they feel like they can’t say no.

Because what kind of parent would say no to giving their kid some socks?

What is a Nomination of Guardian?

What is a Nomination of Guardian?

You are going to live forever.

You can eat whatever you want and drink whatever you want and run for as long as you want forever. Because you are invincible and nothing bad will ever happen to you.

Did you buy that? No?

Unfortunately, people don’t stay young and healthy forever. We don’t like to think of a time in the future when we will no longer be able to take care of ourselves, but it is incredibly important that you do so. Ask yourself:

  • If you become incapacitated, who will have the legal authority to take care of you?

  • If a parent or other loved one becomes incapacitated, who will be able to assist them with managing their assets or healthcare?

  • If you die before your children reach adulthood, who will have custody over them or be able to take care of their inheritance until they come of age?

You may not know the answers to these questions, and that’s fine. That is probably why you are reading an article on an estate planning website. (Either that or you are very bored.)

Whenever we ask questions about capacity or managing someone’s financial or medical care, we enter the realm of guardianships and conservatorships. Two big legal words with two big legal explanations. So, let’s dive in and learn more about these concepts.

What is a Guardianship?

A guardianship is a court-supervised process whereby the judge appoints a guardian to manage the personal care of a ward (i.e. someone who is physically or legally unable to manage their medical care). Similarly, a conservatorship is a court-supervised process whereby the judge appoints a conservator (similar to a guardian) to manage the assets of a ward (i.e. someone who is physically or legally unable to manage their assets).

What's the Difference Between a Will and a Trust?

What's the Difference Between a Will and a Trust?

Estate planning is a very broad (and often confusing) topic.

There are countless estate planning options available, and the “best” estate planning option for you may depend on hundreds of different factors.

At bottom, though, estate planning can be boiled down to a simple definition:

An estate plan ensures that the right people are able to care for your SELF in the event you become incapacitated and that the right people are able to get your STUFF after your death.

The second part of that equation — what happens to your stuff, i.e., your assets — is what most people have in mind when they think about estate planning.

And when it comes to deciding what happens to your stuff, there are two main options:

  • a Last Will and Testament

  • a Living Trust

While there are other estate planning options that can control what happens to your assets after your death, I will save those topics for another day.

For now, let’s focus on the main differences between Wills vs. Trusts.

Why Do You Need an Estate Plan?

If you died today, what would you want to happen to your assets?

Married With Children: Estate Planning for Young Families

Married With Children: Estate Planning for Young Families

When you have a kid, everything else usually takes a back seat.

Sleep? Forget about it.

Free time? Never heard of it.

There's often no time for fun things like hobbies or other activities — which means that it can seem like there is definitely no time for un-fun things estate planning.

But what if something unexpected happens:

  • What happens to your child if you or your spouse suddenly die or become incapacitated?

  • Who takes care of your child's medical needs and daily care?

  • Who manages your assets until your child reaches adulthood?

You might think that the answer to these questions is obvious, but the law might not agree. And your own written notes or spoken instructions generally aren’t legally enforceable.

To address these sensitive questions, you should have an estate plan.

Why do I need an estate plan?

I have talked a lot about the importance of having an estate plan. That doesn't change when you have kids.

In fact, having children makes having an estate plan even more important.

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