Do you have an estate plan in place? If not, you are not alone. Over half of all Americans have yet to create an estate plan and the reason why is often fairly simple – they don’t know where to begin or what they need to include in their plan. This really should not be surprising given that estate planning tools, strategies, and concepts are not part of your everyday life. In an effort to take some of the mystery out of estate planning, the Nassau County estate planning attorneys at Law Offices of Kobrick & Moccia offer answers to five of the most commonly asked estate planning questions.
- When should I start my estate plan? One of the most commonly held beliefs is that an estate plan is not needed unless you have accumulated a valuable estate and/or you have a family to protect. While both of those are certainly strong motivators for creating an estate plan, you should already have a plan in place by the time you accumulate your fortune or begin a family. Every adult can benefit from creating an estate plan.
- What components do I need to include in my estate plan? Estate planning is a highly individualized process. As such, no two plans include exactly the same needs and goals. Consequently, the only way to decide what components you need in your estate plan is to consult with an experienced New York estate planning attorney. There are, however, some components that are frequently found in the average estate plan beyond the baic disposition of assets, including:
- Incapacity planning
- Probate avoidance
- Retirement planning
- Tax avoidance
- Medicaid planning
- Strategies for parents with minor children
- Charitable gifting
- Business succession planning
- What are fiduciary roles and who should I appoint to those roles? Within your estate plan you will likely appoint several people to fiduciary roles. These are positions of trust that typically involve managing assets for the benefit of a third party. If you create a trust, for example, as part of your estate plan, you will need to appoint someone to be the Trustee of that trust. That individual will manage and invest the trust assets, among a variety of other duties and responsibilities. You will also need to appoint someone to be the Executor of your estate. Your Executor will oversee the probate of your estate, a job that also involves managing your estate assets during the administration of your estate. Do not make the common mistake of appointing a spouse, friend, or family member to a position without first taking the time to find out what that position entails. Only then can you decide who is best suited to the position.
- How often should I review and revise my estate plan? Although there is no universally accepted rule with regard to how often you should review your estate plan, reviews should definitely occur more often during your working years because major life changes are more likely to occur. A good rule of thumb is to schedule a routine review every three or four years prior to age 60 and then every five or six years thereafter. In addition, certain events in your life should prompt an immediate review, such as marriage, birth of a child, death of a beneficiary or fiduciary, or a move to another state.
- Can’t I save money by using DIY estate planning documents I found online? It may be tempting to try and save time and money by going the DIY route; however, DIY estate planning documents are notoriously riddled with errors and omissions that frequently result in protracted litigation after the death of the document’s creator. In the end, your loved ones will likely spend far more time and money in litigation after your death than you managed to save by using DIY forms.
Contact Nassau County Estate Planning Attorneys
For more information, please download our FREE estate planning worksheet. If you have more specific questions or concerns about the estate planning process, contact an experienced estate planning attorney at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
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