Estate Planning Gaps That One Must Know to Avoid Any Error

Estate Planning Gaps That One Must Know to Avoid Any Error
Mick Grant
Mick Grant

Founder and Writer

An estate planning is basically the distribution of your wealth according to a Will or a set of instructions. Your personal representative carries out these protocols in the event of your death. One must carry out the process in a manner that it reduces the possible tax burden on your loved ones. Usually, when an individual dies without a Will, Intestacy laws governs their property. This complicates the distribution of assets. To avoid this, it is best if a family identifies the best estate plan for them. It is reflective of their intentions and their motive. 

However, due to Probate being such a tedious and confusing process, one should keep in mind the gaps their estate plan has. They could potentially hamper the passing on of their assets to their heirs. Not even the upper-middle class families are exempt from gaps in estate planning. Fortunately, such gaps are easy to identify and find remedies for. Learning about the Probate process and Estate planning is the first step to ensuring your family that they will be secure. This way they will get financial security, even after your death. By reducing tax-burden on your family, you will be equipping them with all the tools and money they need after your death. 

Communication is Key

Like any other plan, estate plans are prone to have certain inconsistencies rising out of the entire planning process. One of the most common problems which families face when they start estate planning is that they have little to no actual practical knowledge on how it operates. As mentioned before, it is a confusing process. Many family members take time to understand it even after consulting an estate planner or an attorney. It is pertinent to mention that no one party in particular is at fault. There are a myriad of reasons which cause gaps to arise in a plan.

Thus, to further add relevance to the previously mentioned, clients need to remember to ask the questions which plague their mind. Ineffective communication between the family and the attorney helping them draft legal documents and Will is sooner or later going to result in an incomplete estate plan. It might not even hold as much power in court as they were intended to hold in the first place. Also, clients should ask questions in order to clarify their own doubts and understand this process better.

Estate Planning Aims For Correct Distribution Of Assets

Estate planning is not only related to after-death contingent transfer of assets. It is a holistic overview of the status of your finances after your death. TODs, and such trusts exist too, making available the possibility of many alternatives to testamentary Wills for clients and interested individuals. However, a haphazard estate plan does not take into account such alternatives. Instead, it is only partially deciding what will happen to your assets. 

This can cause problems such as the tax-burden not reducing, which is the whole point of creating a plan for your estate. Unidentified financial liquidity issues can harm your estate and the inheritance your heirs will get from you. The long-term effect of a partial estate plan will not reveal itself until the property has been bequeathed to your family members. 

Therefore, to avoid disputes within family members and protect them from the IRS, investing in a detailed plan will be beneficial for you and your property. Additionally, a detailed plan ensures that adult beneficiaries will not squander the wealth of a decedent. There are a variety of factors that can lead an adult recipient to make poor decisions with their inheritance. This includes outside pressures or creditor problems. Consultation with an attorney will help in adding clauses that stipulate the situations in which your inheritors can use the bequeathed gift. 

Financial Liquidity Issues Inherited by Heirs

Financial liquidity is the cash used to continue operations and the maintenance of your estate. An expense which will continue long after your death. It will be affecting your family and the beneficiaries who were originally supposed to benefit off the transferred assets.  As aforementioned, financial liquidity issues will arise if not identified and dealt with before the property inheritance.

The point of identification of such issues is to reduce the liabilities surrounding your property before your heirs gains access to it. The minute an heir has access to bequeathed property, he/she gets a burden of the debt attached to the assets/estate. These expenses not only extend to debts, they encapsulate the whole sum of fees related to settling the estate. Your heir(s) will inherit the Federal and State Taxes on the estate. 

An estate plan is important for every family in today’s society. Furthermore, a detailed plan which encompasses all the Federal and State taxes and the ways to reduce them is essential to formulate. Most of all, a personal representative and the client should have straightforward and honest communication exchanged between them when they explore the possibilities of an estate plan

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