Estate Planning

Creating Your Legacy

Estate planning is the process of creating a legacy by arranging for the transfer of property at death. Estate planning focuses on creating certainty for the legal transition of property through the orchestrated use of trusts, wills, beneficiary designations and ownership structures.

creating legacy

Effective estate planning will typically maximize the value of the estate passed on at death by reducing taxes and other expenses.

While there may be a temptation to focus only on the economics of estate planning, ultimately estate planning is about creating a plan that allows an individual to determine who will receive certain property, when they will receive it and how they will receive it. Your goals dictate how the plan is implemented.

What is Estate Planning?

Estate planning is sometimes mistaken for estate tax planning. Anyone who owns an asset that will exist after their death will need some form of an estate plan – either one they design or the state’s intestacy laws. Estate tax planning occurs when an estate is large enough to incur federal estate or state death taxes. Estate tax planning involves various strategies to reduce the amount of tax owed so that a greater percentage of the estate reaches the desired heirs.

The probate process provides supervision for the transfer of assets at a cost. While many clients don’t like the idea of paying probate fees and incurring delays the oversight of a probate court can prevent mistakes and mismanagement from occurring that cost the estate valuable time and assets. The probate court typically ensures that the directions in a will are fulfilled.

The Liquidity Problem

When a person dies, taxes and other costs must be paid in cash within a short period following the date of death. If arrangements haven’t been made to anticipate them, these expenses can severely deplete an estate intended to remain intact for the heirs.

Expenses cropping up as a result of an estate owner’s death can add up to a disturbingly long list:

  • federal and state estate taxes
  • funeral expenses
  • unpaid medical expenses
  • debts of the decedent
  • executor’s fees
  • attorney’s fees
  • court costs
  • appraiser’s fees
  • costs of insuring and otherwise protecting estate property

If the estate is short of cash, the executor may be forced to sell estate assets—often at sacrifice prices—resulting in a dramatic reduction in the wealth that was intended for the deceased’s heirs.

Related Resources

Learn More About Estate Planning 

Annual Gift Tax

What Is It? The gift tax annual exclusion is a planning tool that individuals can…

Read More »

Avoiding Probate

What Is It? A revocable living trust is a legal entity created by a person,…

Read More »

Bypass Trust

What Is a Bypass Trust? A bypass trust is a device used to minimize a…

Read More »

Coordinated Retirement Income Strategy (CRIS)

The Coordinated Retirement Income Strategy (CRIS) is presented as a potential solution for Americans concerned…

Read More »

Depletion of Estate by Taxes & Costs

What’s Meant by Estate Depletion? The estates people leave for their heirs at death can…

Read More »

Disability Insurance

What Is Disability Income Insurance? Disability income insurance provides an income for an insured individual…

Read More »

Financial Analysis for Estate Planning

Learn what is typically involved in financial analysis as part of a wealth management plan….

Read More »

Indexing vs Investing

Learn why indexing can be superior to investing.

Read More »

Life Insurance

What Needs Can Life Insurance Fulfill? When an individual dies, life insurance becomes an instant…

Read More »

Life Insurance Trust

What Is an Irrevocable Life Insurance Trust? An irrevocable trust is a trust in which…

Read More »

Long Term Care

What Is Long-Term Care? “Long-term care” refers to medical caregiving services provided as a result…

Read More »

Marital Deduction

What is the Marital Deduction? The marital deduction allows property to be transferred between spouses—either…

Read More »

Minimize Transfer Tax

What Are Transfer Taxes? Estate taxes are levied against an individual’s estate at death. The…

Read More »