Life Events Provide An Opportunity To Review Planning

It is always a good idea to review the various aspects of your family's financial plan, including your estate plan, on a regular basis. I know that this is often easier said than done. In addition, it is usually a good idea to consult your accountant, financial advisor and attorney before making major life decisons, such as getting married, adopting a child (or on the birth of a child) or getting divorced. Here is a fairly comprehensive list of life events that warrant such a review, courtesy of tax lawyer Charles Rubin:

  • Birth of a child or grandchild;
  • Marriage of self or heir;
  • Divorce;
  • Death of a spouse or child;
  • Major change in the tax laws;
  • Major change in financial circumstances, such as a substantial inheritance;
  • Change of domicile to a new state or country;
  • Acquisition of out-of-state or out-of-country property;
  • Major illness;
  • Acquisition or sale of a business or real estate, including major liquidity events;
  • Major charitable gifting;
  • Acquisition of life insurance or significant annuity policies;
  • Significant gifting to friends or family members;
  • Or in the absence of any of the above, the passage of 4-5 years since the last review.
Source: Rubin on Tax

Living Trust As Guardianship Substitute

This article is really a cut above most "you need to have an estate plan" articles -- good use of detail and examples.

One part I wanted to focus on:

In event of your disability, give someone you trust the power to manage your property. It's called a power of attorney (although the person doesn't have to be an attorney).

But there's a problem: Some financial institutions won't accept powers of attorney created more than six months before. You're unlikely to renew a power of attorney this frequently. For a better solution, ask an estate planning attorney to draft a living trust for you. (The cost is probably $1,500 to $3,000.) The ownership of all your property is changed from your name to the trust's name. As the sole trustee, you can do anything you like with the property.

But if you become disabled, a person named in your trust steps in as successor trustee to manage the property on your behalf and for your benefit. All financial institutions accept this, no matter when the trust was written.

I haven't had a problem getting "old" powers of attorney (done in the last 5 years) accepted by financial institutions, but a living trust really works better than a property power of attorney in the case of disability. Or, rather, I should say that a fully funded living trust works better. If you transfer ownership and change beneficiary designations to your living trust and then become disabled, your successor trustee really can step right in and handle your property for your benefit. If you set up a living trust but don't fund it, and then become disabled, your property power of attorney can (hopefully) be used to fund your living trust at that time. I always include specific language allowing an agent under a property power of attorney to take care of this funding.

And, of course, a health care power of attorney is very important as well.

Let me put it simply: If you become disabled, having a fully funded living trust and powers of attorney will save you and your family a lot of time and money.

Source for post: Death and Taxes

Planning for Disability

Ronald Morton, the proprietor of The Morton Law Firm and publisher of Elder Law Blog, today published the below post in which he discusses, in very comprehensive fashion, many of the basics of disability planning. Ronald very persuasively explains why it is imperative that we plan ahead for the possibility that we may someday be unable to care for ourselves and to make the financial decisions that we need to make to provide for our care. Any comprehensive plan should, at a minimum, take into account, and plan for, the issues that Ronald discusses in his outstanding post:

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