Leaving a Legacy Planning Your Estate or Inheritance

Author

Edward Jones - Chad Choate, AAMS

Posted on

Feb 17, 2021

Book/Edition

Florida - Sarasota, Bradenton & Charlotte Counties

Many people don't take the time to think about estate planning because they think it's only for the wealthy or those living in retirement. But thinking about estate strategies is important for just about everyone to ensure not only that your assets are handled properly, but also that you and your loved ones are cared for as you wish should you be unable to make such decisions.
The following list of questions will take you through estate-planning considerations, and it will help you prepare for a discussion with yourfinancial advisor.Note: While Edward Jones cannot provide estate-planning advice, it is helpful for us to understand how your current situation and estate goals may affect your investment strategy.
Beneficiary designations

When was the last time you reviewed your beneficiary designations?

Beneficiary designations are a critical part of a comprehensive estate plan unique to your situation. There's no "one size fits all" guideline for naming beneficiaries, and you need to take into consideration things like: estate taxes, retirement plans, insurance policies, multiple marriages, special needs children, etc.
Even if you have a will or trust, your beneficiary designations are an important part of your overall plan. Its important to review your beneficiary designations regularly, particularly when your life circumstances change, such as a marriage, a divorce, the birth of a child or the death of a spouse. If you dont update your account beneficiaries, your assets could be inherited by someone you no longer intend.

Asset transfer plan and trusts

Do you have a will or trust?

A last will and testament can help your assets pass in the manner that you would prefer them to transfer.
A trust might be right for your situation if you're concerned about: estate taxes, avoiding probate, controlling the transfer of assets to heirs, leaving assets to spendthrift children, protecting assets during incapacitation or eventually needing assistance with money management and paying bills.

Have you shared your current transfer plan with your beneficiaries?

If you haven't already had conversations with your beneficiaries, there's no better time than the present. The discussion will help inform your beneficiaries when it comes to matters related to your finances and health and how you want things handled upon your death or if you are unable to make decisions for yourself. The more family members know about your preferences, generally the more comfortable they'll feel that they're making the right decisions for you down the road, if necessary.

Would you like to control how your beneficiaries access their inheritance (via a trust, for example)

Determining who will handle your financial affairs when you are no longer able to do so can be an important decision. You might not know that some clients use trust services not only to manage the family legacy, but also to help handle everyday financial needs.
If you are looking for a responsible, experienced and unbiased trustee to step in and handle your affairs, you can name Edward Jones Trust Company* as trustee of your trust. There are three types of services we provide:

Managing Agent We can simply provide you investment and administrative services for a trust, a personal account or an Individual Retirement Account.
Trustee or Co-trustee We can act as trustee or work alongside an individual you designate to execute the terms of a trust.
Successor Trustee We can serve as trustee should a trustee resign or become unable to make decisions regarding a trust.

Guardianship considerations

Do you have minor dependents?
Have you assigned a guardian in your will for your dependents?

It can be important to name guardians for minor children or dependents. This information can be contained in a will so the court and your family members know who is responsible for your dependents, should you pass away.

Have you provided for minor dependents in your asset transfer plan?

Incapacity protection (financial and health care)

Do you have a Durable Power of Attorney?

A Durable Power of Attorney can be an important document that generally allows you to name someone to make financial and health care decisions on your behalf, should you become incapacitated.

Do you have a living will or advanced medical directive?

A living will is generally a statement or declaration that a person may make indicating their wishes for specific medical treatment to be either provided or withdrawn under specific circumstances. It is often recommended that this document be well thought out and drafted prior to an illness or imminent death. Note: There can be limitations to living wills.

Charitable intent

Do you intend to leave assets to charity?
Do you have a plan outlining your contribution strategy?
Would you like to have control over how assets are used by the charity?

How we can help
Sometimes it takes going through a difficult situation to realize the importance of being prepared. If you don't already have an estate strategy in place, your financial advisor can help walk you through the process of prioritizing your goals and work to coordinate your team of tax and legal professionals to help ensure your goals are met.

Submitted & Written By: Edward Jones- click here to learn more.

Other Articles You May Like

Transitioning from Assisted Living to a Nursing Home Care; An Inclusive Handbook

As people grow older and their care requirements evolve, there may come a point where transitioning from assisted living to a nursing home is needed. Making this choice can be tough as it involves weighing factors, like health, safety and overall well being. In this article we discuss the different considerations for determining the time to switch from assisted living to a nursing home, the process of transitioning, and how Seniors Blue Book can serve as a valuable resource during this transition. Key Factors to Keep in MindHealthcare Needs; One crucial aspect is assessing the individuals healthcare needs. If the person requires medical attention and monitoring beyond what assisted living offers, moving to a nursing home might be more suitable.Activities of Daily Living (ADLs); It's important to evaluate whether the individual can independently carry out daily activities like bathing, dressing and using the toilet. If these tasks become too challenging in an assisted living setting, opting for a nursing home with enhanced care could be necessary.Safety Considerations; Safety plays a role in this decision making process. If a person faces a risk of falls or other mishaps due to cognitive limitations they might require the level of supervision and safety measures provided in a nursing home.Caregiver Fatigue; When family members or assisted living caregivers feel overwhelmed from the responsibilities of looking after someone it could signal the need to consider moving them to a nursing home where their care requirements can be better addressed. The Transition JourneyMoving from living to a nursing home can be intricate and emotional. Here are some steps to think about...Evaluation; It's important to conduct an assessment of the individuals care needs to determine if transitioning to a nursing home is the decision.Communication; Maintaining honest communication with the individual, family members and healthcare providers is crucial throughout this transition phase. Planning; Thoughtful planning plays a role in ensuring a transition. This may involve coordinating with nursing home staff facilitating the transfer of records and organizing the persons belongings.Support; Providing support for both the individual and their family members is vital during this period. Counseling sessions and participation, in support groups can offer assistance.Adaptation; It's crucial to give the person time to get used to their environment and daily routine at the nursing home. How Seniors Blue Book Can Be of Assistance:Seniors Blue Book serves as a source of information for individuals and families navigating the transition from assisted living to a nursing home. Here's how Seniors Bluebook can offer support: Extensive Directory; Seniors Blue Book presents a directory of nursing homes providing information on services, facilities, costs and contact details. This directory helps individuals and families in finding a nursing home that aligns with their requirements and preferences.Professional Advice; Seniors Blue Book offers expert advice and resources to guide individuals and families through the transition process. Their team of professionals can offer tailored recommendations based on needs and preferences.Educational Materials; Seniors Blue Book provides materials and articles covering topics related to nursing home care, including the transition process, caregiver assistance well as legal and financial planning. These resources assist individuals and families in making informed decisions regarding nursing home care. To sum up the decision to transition from assisted living to a nursing home one should consider factors such as healthcare needs, activities of living (ADLs), safety considerations, as well, as caregiver stress levels.Seniors Bluebook is a resource that provides information and support to assist individuals and families in navigating this difficult transition, with assurance.  

The Top 5 Misconceptions about Long-term Care Medicaid Eligibility

What You Have HeardAsk yourself, was the info you heard from a Certified Medicaid Planner?Medicaid Misconception #1 - You can only have $2,000.FACTSSingle applicants have a resource limit of $2,000. (in 2024) A married applicant has a resource limit of about $150,000. (in 2024)Medicaid Misconception #2 - Your home will be taken from you if you are on Medicaid.FACTSAll applicants are allowed to have 1 home and 1 car. There are ways to avoid Medicaid estate recovery, an applicant can receive Medicaid and keep their home.Medicaid Misconception #3 - You make too much money.FACTS If you are over the income limit, Beneficent can provide the legal steps using the Medicaid code to bypass being over the income limit.Medicaid Misconception #4 - You must spend down to $2,000 to qualify for Medicaid.FACTSThis is an option, however not your only option. If you want to preserve the hard-earned assets you or your loved one has worked their entire life, you can!Medicaid Misconception #5 - Why doesnt everyone apply for Long-term Care Medicaid if the other outcome statements are true?FACTSMany are deceived by misinformation and preconceived notions. There's a game-changer you need to know about - Certified Medicaid Planners (CMP) - we know the rules and regulations.You can find all the CMPs in the United States here, (https://cmpboard.org/locate-a-cmp/)  there arent too many of us! Need to schedule an appointment with one of our Certified Medicaid Planners at Beneficent? Book here (https://calendly.com/doinggoodforothers) or call our office (719.645.8350) for more appointment times.

Credit shelter trusts

A credit shelter trust is an estate-planning strategy for married couples. This type of trust may provide control over the assets for the creator of the trust and tax efficiency for the surviving spouse and beneficiaries. It is also sometimes known as a bypass trust or family trust. A credit shelter trust allows you to set aside a certain portion of your assets upon your death. There are a variety of reasons to discuss a credit shelter trust with your estate-planning attorney. Control over assets The spouse who sets up the trust can determine how the assets will be distributed. The surviving spouse can receive income and principal from the trust during his or her lifetime. When he or she passes away, the remaining amount in the trust goes to the beneficiaries designated by the spouse who created the trust. This type of trust can be helpful in cases where the creator of the trust wants to control the distribution of the assets after his or her death. This is common with second or later marriages, where the creator of the trust has his or her own children and would like for them to inherit their separate assets. Creditor claims protection A credit shelter trust can help protect assets from claims by divorcing spouses, spouses from subsequent marriages and creditors. Generally, creditors cannot access the principal in the trust to meet their claims against the trust beneficiaries. Federal estate tax exclusion A credit shelter trust allows a married couple to benefit from the federal estate tax exclusion of the first spouse to die so trust assets are sheltered from future estate tax. Any growth or appreciation of those assets while in the trust is similarly protected from estate tax. A portability provision gives married couples a chance to save an unused exclusion amount without a credit shelter trust (see Federal Estate Tax and Portability in the blue section to the right). However, assets passed via portability are not protected from generation-skipping transfer (GST) taxes, nor do they have the control or creditor protection advantages of a credit shelter trust. State estate tax exclusion Several states have their own state estate tax in addition to the federal estate tax. A credit shelter trust may be the only option to use the state estate tax exclusion of the first spouse to die. Federal estate tax and portability The American Taxpayer Relief Act of 2012 updated the federal estate tax exclusion amount and provided for occasional increases to offset inflation. The Tax Cuts and Jobs Act enacted in 2017 made increases to the exclusion amount through 2025. In 2024, you may be able to transfer up to $13.61 million (up from $12.92 million in 2023) at your death free from federal estate tax. Any amount exceeding the exclusion can be taxed up to 40%. The portability provision states that when a person passes away, the surviving spouse may retain the deceased spouses unused exclusion amount. For instance, if a husband dies in 2024, his wife may be able to use their full $27.22 million exclusion (up from $25.84 million in 2023) without planning for it. There are certain tax-filing requirements that must be satisfied to take advantage of this option. You should talk with your qualified tax advisor about your situation. Proactive planning can help ensure you have control over your estate and benefit from tax- saving strategies. You may think the portability provision means you dont need to plan to protect your legacy and reduce estate tax; however, that may not necessarily be the case. Although portability, in some situations, may provide advantages to some married couples, considering a credit shelter trust could have benefits for you and your family. You should work with your estate-planning attorney and tax advisor to determine the appropriate plan for you. Portability (transfer to spouse) Credit shelter trust The surviving spouse has full access and control over all the assets. The spouse who sets up the trust designates the beneficiaries. The surviving spouse and/or other beneficiaries may receive benefits from the assets in the trust during their lifetimes. Growth of the assets may be subject to estate taxes when the surviving spouse dies. Growth of the assets in the trust generally is not taxed for estate tax purposes upon the death of the surviving spouse. Assets can be subject to creditor claims. Assets are typically protected from creditor claims. Assets may be subject to state estate taxes. Assets may not be subject to state estate taxes. All assets, including those from the first spouse to die, generally get a full step-up in cost basis at the surviving spouses death. Assets do not get a step-up in cost basis at the surviving spouse's death. Portability exclusion does not apply to federal GST taxes. With proper planning, assets may not be subject to GST taxes. What is a step-up in cost basis? Cost basis generally is the price you paid for an asset. If you buy a stock for $5 per share, your basis is $5. If you still own that stock at death and the fair market value is $10, your estate may get a step-up in basis to the fair market value at your death. So, your estate holds the stock with a $10 basis, allowing your estate to pass assets to your beneficiaries at the new basis or to sell the asset, potentially without capital gain. This typically means less income tax burden for your beneficiaries as they inherit your assets. Review your plan regularly During the past 10 years, estate tax laws have constantly changed. Thats why its important to remain diligent when working toward your long-term investing and estate goals. Its important to review your estate plan every three to five years. You should also review it when changes in estate tax law occur or when your life circumstances change, such as a birth, marriage, divorce or death in the family. Chad Choate III, AAMSTM Financial Advisor 828 3rd Ave W Bradenton, FL 34205-8665 941-462-2445 Your estate-planning attorney, tax advisor and financial advisor can work with you to determine whats best for your situation.  

Local Services By This Author

Edward Jones - Chad Choate, AAMS

Financial Advisor 828 3rd Ave. W., Bradenton, Florida, 34205

Experience and Background I am a financial advisor in Bradenton, FL, and began my career with Edward Jones in 2017. As a financial advisor, I want to find out what's important to you and help you build personalized strategies to achieve your goals. As a lifelong Manatee County resident, I graduated from the University of South Florida and was a teacher in Manatee County before joining Edward Jones. My driving force is to change people's lives in a positive way, and what better place than my home to do that. Whether you're planning for retirement, saving for college for children or grandchildren or just trying to protect the financial future of the ones you care for the most, we can work together to develop specific strategies to help you achieve your goals. We will also monitor your progress to help make sure you stay on track or determine if any adjustments need to be made. Throughout it all, we're dedicated to providing you with top-notch client service. But we're not alone. Thousands of people and advanced technology support from our office can help ensure you receive the most current and comprehensive guidance. In addition, we welcome the opportunity to work with your attorney, accountant and other trusted professionals to deliver a comprehensive strategy that leverages everyone's expertise. Working together, we can help you develop a complete, tailored strategy to help you achieve your financial goals. I currently volunteer with the Manatee Hurricane football Broadcast and Booster Club, serve on my church's trustees council and have previously served as a leader in Young Life. I am a member of the Manatee Chamber of Commerce and an alumnus of their Leadership Manatee program. I have been married to my childhood sweetheart, Ashley, for 15 years and we have a son, Wesley, and daughter, Camryn. We enjoy watching our children play their sports and traveling as a family.