Wills and Trusts 101 – Part 2 of 2: Fundamentals of Estate Planning

This week, we begin by responding to the need of the ordinary person to set up an estate plan. It is likely that many readers are reluctant to this idea, especially when reading this amorphous word, "domain". And it is also likely that many of us think that an estate plan is reserved for those who own multiple homes, a boat, many luxury vehicles, as well as tons of cash and jewelery stored in a safe. -fort. But this is not the case.

Ask yourself if you own a house (or pay a mortgage, which is probably the most accurate question)? If so, you have a domain. Do you own a car? If this is the case, it is also part of your estate. How about jewelry? A guitar? Tools? Something you can insert in a box? I&39;m sure you see where this is going. Any real estate (which is an elegant way of saying your home or your land) and any personal property (which is all that belongs to you) is part of your estate.

So, why an estate plan? Let&39;s be real. Most of us know what a testament is, which has been addressed in Part I (Wills-And-Trusts-101 — Part-1-Of-2) of this series of d & rsquo; 39; s items. And, whether you read the article or not, it&39;s likely that we know the purpose of a will, which is to make sure that our property goes to the people we name in our will. Well, the property you quote in your will is your estate. It&39;s as simple as that.

But sometimes, writing a will is not enough. Do not worry if that&39;s all you have configured. If that is the case, you are probably better placed than most people, who delay the implementation of any type of plan. But there is a more complete estate plan for the ordinary person, which consists of four parts: (1) a revocable trust; (2) a durable power of attorney; (3) a directive on health care; and (4) a will for-over. This may seem like a lot to swallow, but delaying such an estate plan goes against the adage: an ounce of prevention is better than cure.

So why this complete estate plan in four parts? To stay simple, and not to stray from this article, such an estate plan works when a person dies, as well as during his death. life. A will, however, only works when a person dies.

The following may be useful: The purpose of a will is to ensure that the property of a deceased person goes to the person identified in the will. For example, when a person leaves his Camaro 69 to his nephew. But what happens if the nephew is 11 years old? Is he really ready for the Camaro 69? This is where the revocable trust comes in. You can make sure that the Camaro 69 will be supported until your nephew turns 21 when he can handle such a car. In your revocable trust, you name a trustee (a person you trust, that makes sense, does not it?) To watch the car when you die and give it to your nephew when he&39;s 21 or whatever other age of your choice. However, a simple will, without a trust or integrated trust, can not carry out such a plan.

With respect to the durable power of attorney, as well as the health care directive, these two parts of the four-part estate plan ensure that if you become disabled before your death, a person you have chosen will be alive and lucid. take care of your finances, your belongings and make the health care decisions you want to apply. Again, you choose someone you trust.

Although a more detailed explanation is reserved for a future article, be aware that the above information has been kept in the simplest form in order for you to make yourself understand that you probably have an estate. And, like many of us, planning for such things in the future, which will probably benefit other people in our lives, helps us sleep better at night. Like many areas of law, complexity is well understood and handled by a lawyer. It is therefore useful to know that an experienced person estate planning lawyer is a phone call, or an email, absent to help provide the necessary advice.