[Insert your logo here] 4 1. Who should inherit your assets? If married, consider marital rights under state law In some states, if the amount your will or trust leaves to your spouse is less than the law deems appropriate, the survivor can elect to receive the greater amount Then consider: Should your children share equally in your estate? Do you wish to include grandchildren or others as beneficiaries? Would you like to leave any assets to charity? If you live in a community property state or your estate includes community property, consider the impact on your estate planning.
[Insert your logo here] 5 2. Which assets should they inherit? If you own a business Should the stock pass only to your children who are active in it? Should you compensate the others with assets of comparable value? If you own rental properties Should all beneficiaries inherit them? Do they all have the ability to manage property? What are the cash needs of each beneficiary?
[Insert your logo here] 6 3. When and how should they inherit the assets? Focus on the: Potential age and maturity of the beneficiaries Your and your spouse’s financial needs during your lifetimes Tax implications of different transfer strategies
[Insert your logo here] 7 Outright bequests vs. trusts Outright bequests offer simplicity, flexibility and tax advantages Downside: no control over transferred assets Trusts are helpful: When beneficiaries are young or lack management capabilities For tax planning reasons
8 Transferring property at death Estate planning basics
[Insert your logo here] 9 Choices for transferring assets A will Standard method A living trust Offers some advantages over a will Beneficiary designations For assets such as life insurance and IRAs If you die without a will or living trust, state intestate succession law controls disposition of your property that doesn’t otherwise pass via “operation of law,” such as by beneficiary designation.
[Insert your logo here] 10 With a will: Estate goes through probate Protects rights of creditors and beneficiaries Ensures orderly and timely asset transfers Provides standardized procedures and court supervision Has shorter creditor claims limitation period