|
http://www.nolo.com/article.cfm/pg/1/objectId/BD7A4BCA-B46D-40B0-BA51AE994E366117/catId/93EAAECE-AF69-4BB6-9F4497BE703302E9/213/208/218/CHK/
by Attorney Bethany
K. Laurence
Taking the following steps will help your family if
you die or become incapacitated.
1. Make a financial power of attorney.
With a durable power of attorney for finances, you can give a trusted
person broad authority to handle your finances if you become incapacitated and
unable to handle your own affairs. This person is called your agent or
attorney-in-fact (but doesn't have to be an attorney). For more information,
see How
Financial Powers of Attorneys Work.
2. Protect your children's property.
You should name either a property guardian, custodian, or trustee to
manage the money and property you leave to your minor children. (This can be
the same person as the personal guardian you name in your will). For more
information, see Leaving
Property to Young Children.
3. Consider life insurance.
If you have young children or own a house, or you may owe significant debts or
estate taxes when you die, life insurance may be a good idea. For more
information, see Do
You Need Life Insurance? and Using
Life Insurance to Provide for Your Kids.
4. Name pay-on-death beneficiaries.
Naming a beneficiary on a form provided by your bank or retirement
plan administrator -- not in your will or trust -- makes the account
automatically "payable on death" to your beneficiary and allows the
funds to skip the probate process. Likewise, in almost all states, you can
register your stocks, bonds, or brokerage accounts in this manner. In a few
states, you can transfer your vehicles this way, too. For more information,
see Ways
to Avoid Probate.
5. Avoid estate taxes.
Have you considered the possibility that your heirs may have to pay estate
taxes? If your assets are currently worth over $1.5 million and you are married
or have a domestic partner, you might want to consider an AB trust. For more
information, see Tax-Saving
AB Trusts.
6. Protect your business.
If you're the sole owner of a business, you should have a succession plan. If
you own a business with others, you should have a buy-sell agreement. For more
information, see Owner
Buyout Agreements: Plan Ahead for Changes in Partnership Ownership.
7. Cover funeral expenses.
Rather than a funeral prepayment plan, which may be unreliable, you can set up
a Totten trust with your bank and deposit funds into it to pay for your funeral
and other final arrangements. For more information, see The
Perils of Prepayment Plans.
8. Store your documents.
Have you stored your important information in a place where your
attorney-in-fact or your executor can find it? Your attorney-in-fact and/or
your executor (the person you choose in your will to administer your property
after you die) may need access to the following documents:
- will
- trusts
- insurance policies
- real estate deeds
- certificates for stocks, bonds, annuities
- information on bank accounts, mutual funds, and safe
deposit boxes
- information on retirement plans, 401(k) accounts, or IRAs
- information on debts: credit cards, mortgages and loans,
utilities, and unpaid taxes
- information on Totten trusts or funeral prepayment plans,
and any final arrangements instructions you have made.
For more information on storing your documents, see Get
Organized Now.
|