The Mess She Nearly Left: Estate Plan Review Averts Potential Heartache
August 01, 2010
Time to Update
In 2008, Tracy began a new job. In the process, she rolled over a 401(k) into an IRA and filled out life insurance and retirement beneficiary forms at her new place of employment. With her son now nearing adulthood, Tracy felt it was time to look over her existing plans.
Tracy met with estate planning attorney Johni Hays, and, together, they discussed her old will, her current assets and her future goals. While the 45-minute conversation was simple and relaxed, what they discovered will save Tracy’s son from future problems and offers Tracy true peace of mind.
1. Will (to name a guardian) with a trust (to handle the money)
2. Durable power of attorney
3. Health care power of attorney
4. Living will
Issues That Caused Concern
- Tracy had her younger brother listed as trustee and guardian of her teenage son. She did not, however, have a backup listed if her brother did not survive her.
- For executors of her will, Tracy listed her brother, who lives out of state, and her father. Because at least one executor must be in state, according to the state law where Tracy lived, Tracy needed a backup for her brother in case her father should predecease her.
- Tracy had a financial power of attorney in place, but she lacked a power of attorney for health care and a living will to take care of future health care wishes.
- Of greatest concern, Tracy had filled out her beneficiary forms incorrectly on her life insurance and retirement plan assets—the bulk of her estate. Instead of putting the trustee of her son’s trust as beneficiary, which would distribute payments to him at ages 25, 30 and 35, Tracy had listed her son as beneficiary. As a result, he could receive the full amount when he turned 18, a much younger age than Tracy wished for him to receive a large inheritance.
Hays was able to amend the will with a codicil and draft the other needed documents. To correct Tracy’s beneficiary designations, she requested change of beneficiary forms for her IRAs and her life insurance.
"Tracy’s case is the perfect example of how you need to coordinate your whole estate plan, and that includes more than just a will," Hays says. Tracy is thrilled she took the time to update her plans.
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1Although this article is based on a real-life example, the name has been changed to protect privacy.
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The information in this Web site is not intended as legal advice. For legal advice, please consult an attorney. Figures cited in examples are for hypothetical purposes only and are subject to change. References to estate and income tax include federal taxes only. Individual state taxes and/or state law may impact your results.
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