Putting Together a Solid Will and Estate Plan

Susan Kelly

Oct 16, 2022

Your estate strategy is a road map that illustrates how your assets flow to your loved ones during your life or after your death. This may be done either during your life or after your death. Included is the selection of a reliable individual to act on your behalf in matters pertaining to your finances and health in the event you cannot do so. Depending on the size of your fortune, you could also need to make preparations for the possibility of having to plan taxes on your property both while you are alive and after you have passed away. The distribution of your assets may be controlled more easily if you make a plan ahead of time and stick to it.

Itemize and Calculate the Value of Your Estate

Make a detailed inventory record of your assets and determine their total worth. The list should contain any accounts and policies you possess, such as real estate, bank accounts, annuities, life insurance, investment accounts, and bank accounts. Also, add any jewels and goods you wish to offer to particular persons. The creation of this list is a significant undertaking; yet, it serves as the starting point for the creation of your estate plan for the following reasons:

  • It pushes you to think about all of your things so nothing is overlooked.
  • It might be useful in assisting you in selecting an heir or beneficiary for your estate.
  • It helps you evaluate the overall worth of your estate so that your attorney can handle estate tax, asset protection, and Medicaid planning problems.

Decide Whom Your Beneficiaries Will Be

After compiling a list of all of your assets, the next step is to select how you will distribute your estate. Depending on the laws of your state, you have the freedom to choose anybody you like. For instance, in certain areas, it is against the law to disinherit your spouse, and the state of Louisiana has rules that require certain people to be your heirs.

Choose an Executor

After you select how to split up your possessions, appoint an executor for your will. They will be in charge of the distribution of your assets once you have passed away. If you establish a trust, you must choose a trustee. Someone who can be trusted, who is well organized, and who is accountable should be your authorized representative. They should also be someone who understands and is sensitive to your preferences.

Consider Creating a Trust

You might consider creating a living trust rather than writing a will so that your beneficiaries may avoid having to go through the probate process. If you cannot care for yourself or want to ensure that your beneficiaries are safeguarded after your passing, establishing a trust may be the best option. There are several circumstances in which establishing trust might prove to be the most beneficial option for you and your family.

Investigate Your Options Regarding Professional Assistance

Although you can draft your estate plan, it is often advisable to retain the services of an attorney so that you may get specialized attention. Your assets, your family, your future need for long-term care, and the possibility of an estate or inheritance taxes may all be included in a plan that an attorney with competence in this area of law can devise for you.

Consider Estate Taxes

If you have the good fortune to have a sizable estate, you must consider paying estate taxes. It is vital to be aware that even assets that transfer to beneficiaries outside of the probate process may be included in the overall worth of your estate when the estate tax is being calculated. This is crucial information to have to assess what, if any, estate tax is likely to be charged.

Put Together Your Advance Directives for Medical Care

Although most people expect that they will have a long and healthy life, one of the primary goals of estate planning is to be ready for the unexpected. It is critical to have an advance care directive, also known as a living will, in place if you cannot make decisions regarding your medical care. This will ensure that your family or a representative knows the types of medical interventions and treatments you prefer should certain conditions arise.

Sign Your Documents

You should be prepared to sign or "execute," your paperwork after you have completed an inventory of your assets and worked with an attorney to draft the necessary legal agreements. It is crucial to work with an attorney when putting together the documents you need since they will be knowledgeable about all the regulations you must follow. This makes working with an attorney throughout this process very important. Your papers run the risk of being invalidated if they are not correctly implemented, which might result in your desires not being carried out as you had intended.


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