Categories: Legal

10 Reasons To Create An Estate Plan – NOW

Many people erroneously think that estate plans are for someone else, not them. They may rationalize that they are too young or do not have enough money to reap the tax benefits of a plan. The following list makes clear however, that estate planning is for everyone, regardless of age or net worth. Here are ten reasons why creating your estate plan now, is important.

  1. Loss of capacity. What if you become incompetent and unable to manage your own affairs? Without a plan the courts will select the person to manage your affairs. With a plan, you pick that person through a comprehensive power of attorney.
  2. Minor children. Who will raise your children if you die? Without a plan, a court will make that decision. With a plan, you are able to nominate the guardian of your choice.
  3. Preparing a will. Who will inherit your assets? Without a plan, your assets pass to your heirs according to your state’s laws of intestacy (dying without a will). Your family members (and perhaps not the ones you would choose) will receive your assets without benefit of your direction or of trust protection. With a plan, you decide who gets your assets, and when and how they receive them.
  4. Blended families. What if your family combines more than one marriage? Without a plan, children from different marriages may not be treated as you would wish. With a plan, you determine which assets pass to your current spouse and children from prior marriages.
  5. Children with special needs. Without a plan, a child with special needs risks being disqualified from receiving Medicaid or SSI benefits, and may have to use his or her inheritance to pay for care. With a plan, you can set up a supplemental needs trust that will allow the child to remain eligible for government benefits while using the trust assets to pay for non-covered ancillary expenses.
  6. Keeping assets in the family. Would you prefer that your assets stay in your own family? Without a plan, your child’s spouse may wind up with your money if your child passes away prematurely. If your child divorces his or her current spouse, half of your assets could go to the spouse. With a plan, you can set up a trust that ensures that your assets will stay in your family and, for example, ultimately pass to your grandchildren.
  7. Financial security. Will your spouse and children be able to survive financially? Without a plan and the income replacement provided by life insurance, your family may be unable to maintain its current living standard. With a plan, owning certain investment vehicles can mean that your family will enjoy financial security.

Page: 1 2

R Fatoullah

Practice Areas: Aged and Aging; Elder law; Estate Planning; Medicaid; Medicare; Long Term Care Insurance; Wills; trusts; Health Care; Guardianships; Probate; Taxzation; Trusts & Estates; Veteran's Benefits/Planning; Planning for Same Sex Couples. Admitted: 1977, New York and Massachusetts Member: New York State Bar Association (Member, Executive Committee, Elder Law Section); National Academy of Elder Law Attorneys (Board of Directors; Co-Chair, Public Policy Committee; Chair, Health Care Decision making Subcommittee of the Public Policy Committee; Member, Public Relations Committee and Long Term Care Task Force); Member, & Present Chair Legal Committee of The Alzheimer's Association (Long Island Chapter). Biography: Phi Beta Kappa. Certified Elder Law Attorney by the National Elder Law Foundation. Lecturer, New York State Bar Association, The National Academy of Elder Law Attorneys, The Alzheimer's Association and many other organizations. REciepient of; rose Kryzak Senior Leadership Award for providing outstanding legal services to seniors; AARP's Building Bridges Award. Contributing articles found in: The New York Times, Long Island Newsday, The New York Law Journal, The Wall Street Journal, Queens Courier.

Share
Published by
R Fatoullah

Recent Posts

Thoughts For Today

When Imperfection Strikes! What happens when those closest to us ultimately disappoint? Why do we…

2 years ago

Exploring Atlantic Canada during Covid-19

We hadn’t done much planning. After all, we weren’t even sure we would get across…

2 years ago

What I Did in Social Media Jail – I Became an author

My “Medellin Jubilado (Retiree) Odyssey” contained a trap. I toured,, was a wonderful tourist. I…

3 years ago

I joined the club

I have always believed in intuition and never more than on January 19, 2021. A…

3 years ago

What on earth inspires two seniors to go climb a mountain?

We two have been motivated to hike and climb mountains through our 45 years of…

3 years ago

It’s Never Too Late

Fortunately, we were gifted with good genes at birth. We’ve kept persistently active walking and…

3 years ago

This website uses cookies.