Erickson & Associates, P.A.
Attorneys At Law
Ten Reasons to Plan Your Estate
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What If You Become Incompetent?
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Without a Plan
- The courts pick the successor manager of your affairs.
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With a Plan
- You pick the successor manager of your affairs.
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Who Raises Your Children?
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Without a Plan
- A judge decides without the benefit of your insight.
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With a Plan
- You nominate the guardian of your choice.
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How Does Your Family Inherit Your Assets?
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Without a Plan
- Your family members receive your assets without benefit of your direction or trust protection.
- Your state’s intestacy statute effectively writes your will. Assets pass according to state laws of descent and distribution.
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With a Plan
- Your family members enjoy the benefits of the plan you set up for responsible management of your assets.
- You write your plan. You decide who receives your assets, as well as when and how they receive them.
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You Have a "Blended" - Multiple Marriage - Family
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Without a Plan
- Your priorities are not even considered
- Children from different marriages may not be treated according to your wishes
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With a Plan
- Your priorities prevail
- You decide what goes to your current spouse and to children from different marriages
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You Have a Special Needs Child
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Without a Plan
- Medicaid and SSI benefits are at risk
- Your child may be disqualified from receiving Medicaid and SSI benefits and forced to use your assets for basic care
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With a Plan
- Medicaid and SSI benefits can be preserved
- A Supplemental Needs Trust can hold assets so that the child can qualify for Medicaid and SSI benefits
- Your assets remain available for other non-covered expenses
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You Want Your Money to Stay in Your Family
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Without a Plan
- Your child’s spouse may benefit from your assets
- If your child passes away prematurely, your daughter/son-in-law and a new spouse may receive your assets
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With a Plan
- Your child can receive absolute asset protection
- A trust can ensure that your assets stay in your family, e.g., pass to grandchildren
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Can Your Spouse and Children Survive Financially?
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Without a Plan
- They may need to downscale their lifestyle
- Without the income replacement provided by life insurance, your family may not have the funds to maintain their current standard of living
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With a Plan
- They can enjoy financial security
- With the income replacement provided by life insurance, your family can be protected from having to downscale their standard of living
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You Have an IRA
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Without a Plan
- Your beneficiary designation form may not effectively reflect your current wishes
- Your beneficiary may experience burdensome income tax consequences because of large required distributions within a short time frame
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With a Plan
- You choose the optimal beneficiary based on advice and counsel of your Financial Advisor, Attorney and CPA.
- Your beneficiary may be able to minimize the income tax bite by “stretching” out distributions over time and enjoying the benefits of tax-deferred compounding.
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You Own a Business
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Without a Plan
- There is no succession planning; no successor is named
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With a Plan
- You choose the succession plan and the successor
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The Probate (Estate Settlement) Process is Cumbersome
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Without a Plan
- Your estate is subject to unnecessary delays and excess fees
- Your assets become a matter of public record
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With a Plan
- Your assets may avoid probate entirely
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Charitable Planning
- Legacy
- Donor Advised Fund
- Charitable Remainder Trust