Financial services professionals consider an estate plan a “must have” for Americans — it provides individuals control over their financial assets, and provides for their loved ones and favored charities when they’re gone.
The problem is most U.S. adults don’t have an estate plan, according to a 2017 survey by Caring.com. That report shows only four in 10 Americans have a will or trust — two of the most critical estate planning tools.
“It’s human nature to believe that we will be the ones to avoid disaster and that there is plenty of time to get a will written later,” says Elena Dixon, a financial advisor at Linden Wealth Advisors in New Haven, Connecticut. “The fact is that having a will, and all of the other related estate planning documents, is not only a savvy planning move, but a generous gesture to loved ones in the event that the worst happens. It will help assure that your final wishes are honored and minimize potential confusion or dysfunction amongst those you leave behind as well as minimize unnecessary probate expenses.”
[See: 8 Things Not to Hide From Your Investment Professional.]
Evidently, there’s a school of thought among U.S. adults, especially those with middle-class-level incomes or lower, that they don’t really need a will or an estate plan. But professional money managers take issue with that stance.
“Even if you don’t have significant assets you can still create a will leaving all of your property (without listing it all specifically) to the people or organizations you’d like,” says Charley Moore, founder and chief executive officer at Rocket Lawyer.
If you don’t have a will, where will your money go?
“To the state,” Moore says. “The government will decide how your assets are distributed.”
When you do launch your estate planning campaign, or if you’re changing a current one on the fly, don’t rush the job — that’s where mistakes happen. Making the wrong move on an estate planning document, given the complexities of estate finances, can turn in to a big problem — especially for your family after you’re gone.
Consider some of the most common — and destructive — estate planning mistakes.
Set it and forget it. A common error — and it’s a big one — is that too many people establish an estate plan and then forget about it. Estate planning experts advise that an estate plan is reviewed every five years or sooner, if there is any change in circumstances. Do it sooner if you move to another state, say Florida or Arizona for retirement. In that case, don’t forget to consult an estate planning attorney when you move, and the sooner the better. State laws can differ substantially both in document execution formalities and in tax structures, and those changes need to be addressed.
Keeping bad records. Not having good financial records is another estate planning no-no. With incomplete, error-ridden, or out-of-date financial records (or worse, no records at all), chaos is sure to ensure after you go. Imagine trying to leave your rental property to your children through an executor who, for whatever reason, cannot oversee your estate. Or leaving property to a loved one without accurate tax records. The best solution? Make sure you review and update your estate plan every few years, at least.
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Not talking to your heirs. Many people don’t take the time to discuss their estate with their heirs, thereby setting up potential problems after they are gone. Consider a couple with two sons: one a doctor and one an out-of-work underachiever. The couple decides to cut the layabout a break and give him the family home. Years later the doctor is forced out business after a malpractice suit and the ne’er-do-well son bucks up and starts a flourishing small business. Upon the second parent’s passing, it’s the son who doesn’t need the house that gets it, leaving the son who could use the property out of luck. By keeping your heirs in the loop, and by considering their needs and interest, such problems can be avoided.
Relying on an inexperienced executor. It’s only natural to want to appoint an executor to your estate who knows you, knows your family, and can be trusted. And that’s all good. But one mistake plenty of people make when it comes to real estate is to tap an executor who doesn’t understand key personal financial issues. Take real estate, for example. You don’t want an executor who doesn’t have a handle on the tax issues that come into play with real estate in estate planning, or doesn’t understand the way you set up your property. Your best move? Make sure you talk to a potential executor and see if they are up to the job. If not, find someone else, or at least recommend that your executor consults with a bank officer, certified public accountant or attorney trained in estate planning management.
Ignoring a will when titling property. Most people planning their estate don’t realize it, but unlike a will, a transfer of an interest in any real estate you own is irrevocable. Translation? That could prevent you from changing the disposition if your financial situation pertaining to your real estate changes before your death. In addition, titling your family home jointly can trigger a partial loss from your property’s capital gain exclusion if it is sold before you pass away.
[See: 10 Long-Term Investing Strategies That Work.]
As the saying goes, a little planning goes a long way. So keep the above mistakes in mind, when you’re establishing your estate plan. You’ll feel better knowing your assets — and your loved ones — are protected, and there won’t be a need to get Uncle Sam into the mix, after all.
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5 Mistakes Can Implode an Estate Planning Strategy originally appeared on usnews.com
