Saturday, November 25, 2017

Estate Attorneys Offer Tips For Inheritance Planning Virginia Beach Seniors Can Take To Heart

By John Powell


When people get older they start to realize they may not have all the time in the world to make important decisions. There is always the issue of how to disburse assets. Most people know they should have a will drawn up early in life, but many put it off. Estate attorneys have tips for common sense inheritance planning Virginia Beach seniors should consider.

If you don't want to leave the allocation of your assets up to your heirs, you have to make plans now. Sitting down and making a list of everything you have is a good first step. This list must be comprehensive and include not only cash, stocks, and real estate, but personal property like vehicles, furniture, artwork, and jewelry. Most people are shocked at how much they really own.

Most individuals with considerable assets have wills, but in case you don't, you need to call your family lawyer and get one drawn up. Wills can always be amended. After inventorying your assets, you might decide to do just that. If you die intestate, meaning without the discovery of a will, the courts will be the ones to decide how your estate will be divided.

In the case of catastrophic physical or mental illness, you can't just assume your loved ones will have the right to handle your affairs on your behalf. Unless there are written instructions, the court will have the power to decide who makes decisions for you. You must give someone financial power of attorney if you become incapacitated. You will also need to have an advance directive that outlines how you want medical decisions made.

For some individuals creating a trust makes sense. If you want to leave detailed instructions, not suited in a will, this might be the best way to go. When there are minor children involved or you are concerned about a family member with special needs getting continuing care, creating a trust can address those issues. Individuals who want to leave an ongoing legacy to a charitable foundation can do it through a trust.

Most people die with some debt. The trust is required to pay off debtors, and pay any outstanding taxes, before distributing any assets. It is a very good idea to keep the trust liquid enough that your heirs won't be forced to sell assets in a depressed market. You can sit down with your estate lawyer and decide on the most appropriate ratio.

In the event you don't already have a family or estate attorney to assist with these decisions, you need to find one who is experienced and trustworthy. There are legal and tax issues to be considered. You will need someone who is familiar with the changing federal rules and regulations to ensure your heirs receive their maximum benefits.

Planning for the future is not just a good idea for the young. Seniors need to decide how they want their assets handled after they are gone. The more detailed your instructions, the easier it will be for your heirs to follow your last wishes.




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