Estate Planning Checklist
Because you have worked hard to create a secure and comfortable lifestyle for your family and loved ones, you will want to ensure that you have a sound financial plan that includes trust and estate planning. With some forethought, you will be able to minimize gift and estate taxes, and preserve more of your assets for those you care about.
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Do you have a will?
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Are you comfortable with the executor(s) and trustee(s) you have selected? Have you executed a living will or health care proxy in the event of catastrophic illness or disability?
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Have you considered a living trust to avoid probate?
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If you have a living trust, have you titled all your assets in the name of the trust?
Part 1
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Does your will name a guardian for your children if both you and your spouse are deceased?
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Have you considered the possibility your spouse will remarry? If you want to limit your spouse's flexibility regarding the inheritance, have you created a Q-TIE trust?
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Have you projected the actual amounts that will be left for your family after all taxes, debts and expenses of administration are paid? Is it enough to maintain their current lifestyle?
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Are you sure you have the right amount and type of life insurance for survivor income, loan repayment, capital needs and all estate settlement expenses? Have you considered an irrevocable life insurance trust to exclude the insurance proceeds from being taxed as part of your estate?
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Have you considered creating trusts for family gift giving?
Part 2
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If you are married, are you taking full advantage of the marital deduction? Are both your estate plan and your spouse's plan designed to take advantage of each of your $5.45 million applicable exclusion amounts?
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Are you making gifts to family members that take advantage of the $14,000 annual gift tax exclusion?
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Have you gifted assets with a strong probability of future appreciation in order to maximize future estate tax savings?
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Have you considered charitable trusts that could provide you with both estate and income tax benefits?
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Have you considered making your favorite charity the beneficiary of all or part of your IRA? If left directly to charity, your estate will avoid income taxes on one IRA distribution.
Part 3
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If you own a business, do you have a management succession plan?
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Do you have contracts with key employees to make sure your business continues
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if you are temporarily or permanently disabled?
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Do you have a buy/sell agreement for your family business interests?
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Have you considered a gift program that involves your family owned business?
Part 4
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Have you segregated ownership and control of assets?
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Have you obtained proper insurance coverage for casualty and umbrella liability? Have you transferred assets to protected entities, such as corporations, limited partnerships, LLCs and LLPs?
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Have you transferred assets to an asset protected trust with an independent trustee to protect assets from beneficiaries' creditor claims?
Part 5