Always be careful about using someone else’s experience as a cautionary tale, but the story of Chadwick Boseman’s estate illustrates a sad point. The actor was world famous after starring in Black Panther when he died of colon cancer at age 43.
Unfortunately, he did not leave a proper estate plan, leaving his wife to handle funeral expenses, legal fees, and taxes while also getting into a dispute with Boseman’s parents over his estate. An estate plan would have saved her additional stress at a heartbreaking time and ensured that Boseman’s wishes were honored.
Now is the time to plan
For some, estate planning may be an imminent need. For many of us, it sounds like a concern for the future. However, no matter your stage in life, there are countless examples from many walks of life that illustrate that it’s best to plan now.
In a properly constructed estate plan, the goal is to pass on your assets to your heirs according to your wishes while minimizing taxes and costs as much as possible. The process should be undertaken with expert investment, trust, and legal guidance. Here are some key terms and concepts to get you started:
Inventory: To start creating your estate plan, it is important to have an accurate account of all your assets. Things like your house, car, investments, bank accounts, jewelry, clothes, and other items are all the building blocks of your estate plan. The inventory helps identify items that may require special handling such as business interest, art collections and illiquid assets.
Will: An account of your assets is the first step in ensuring that they are properly distributed to your heirs. One of the more commonly known tools for designating how assets are transferred is a will. It is the document that specifies, for example, that your nephew gets your guitar collection and your cousin gets your grandmother’s necklace.
If an individual dies without a will, they are considered to have died intestate, which complicates the legal process for the distribution of assets and may not reflect the wishes of the deceased.
Probate: Many assume that if they have a will, their assets will be easily distributed to their heirs. They may be surprised to learn that the assets must go through probate, which is a court process for determining the distribution of an estate. Probate can be a long and costly process. Depending on the complexity of your estate, the process can take anywhere from 4 to 12 months. It can be frustrating, delay your heirs’ ability to take possession or sell assets, and can reduce the value of the estate due to fees.
How to avoid probate: Beneficiaries and trusts
Fortunately, there are many simple ways to avoid or reduce probate. One is by naming a beneficiary on your accounts. A beneficiary names the person you intend to receive your account upon death. Depending on the state you live in, this could be what’s called “transfer on death” (TOD) or “payable on death” (POD). These designations can be added to your bank, investment, and retirement accounts.
Additionally, how you title these accounts can also be used to avoid probate. If you own assets jointly held with a spouse, you can ensure that the asset contains a survivorship feature which guarantees that the asset is passed to your spouse upon death.
Another way to avoid probate is to set up a revocable living trust. This refers to a trust that can be changed or altered during life and is the easiest to set up through a licensed attorney. It is also a very flexible document with many provisions that can be set up to detail your wishes.
If you set up a trust, you are deemed the trustor (or grantor depending on your state of residence, but they mean the same thing). Typically, the person who is the trustor is also the trustee (the person who has authority over the trust and its assets), but it can be another designated person. The trustee has a fiduciary duty to fulfill their role in accordance with the trust.
The last component of the trust are the beneficiaries, or those who inherit assets from the trust. A trust may seem like a fancy will and therefore would negate the need for a will since having one or not does not avoid probate. However, you should still have a will. The main reason for this is that if the trust has not accurately accounted for all assets, the will can act as a backup document to the trust.
In addition to documents that can assist in transferring your assets, you will also want to consider adding these additional documents to your estate plan:
• Guardianship: Designates a trusted person to care for your children or dependents when you are no longer able to care for them.
• Durable power of attorney: If you become incapacitated or unable to handle your own affairs, you can give legal rights to a person to act in these matters on your behalf.
• Healthcare directive: Sometimes referred to as a living will, directs medical professionals to act in a way that is consistent with your wishes should you become incapacitated. This document can also apply to situations like life support.
We’ve all heard the saying that the only things that are certain are death and taxes. Healthy habits can delay the first and estate planning can help minimize the second.
The information contained herein reflects Lido’s views as of the date of this newsletter. Such views are subject to change at any time without notice due to changes in market or economic conditions and may not necessarily come to pass. Lido has obtained the information provided herein from various third-party sources believed to be reliable but such information is not guaranteed. Any forward-looking statements or forecasts are based on assumptions and actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision. Lido is not responsible for the consequences of any decisions or actions taken as a result of information provided in this newsletter and does not warrant or guarantee the accuracy or completeness of this information.
Past performance is not indicative of future performance. The information in this report is for informational purposes only and should not be relied upon as the basis of an investment or liquidation decision. Nothing in this report shall be construed to be a solicitation to buy or offer to sell any security, product or service to any non-U.S. investor, nor shall any such security, product or service be solicited, offered or sold in any jurisdiction where such activity would be contrary to the securities laws or other local laws and regulations or would subject Lido to any registration requirement within such jurisdiction. All content herein has been obtained from sources deemed to be reliable, but is subject to unintentional errors, omissions and changes without notice, and is not warranted as to its accuracy or completeness. You should not rely on the information contained herein, and should rely solely on, and carefully read, the appropriate offering and related subscription materials relating to any specific investment product before making any investment decision.
Not all investments are suitable for all clients. It should not be assumed that any security listed or any recommendations made in the future will be profitable or without loss, including risk of loss of principal, or will equal any prior performance. All investments involve the risk of potential investment losses including the potential risk of loss of principal as well as the potential for investment gain. Further, the prior performance figures indicated herein represent portfolio performance for only a short time period and may not be indicative of the returns or volatility each portfolio will generate over a long time period. The performance of the portfolios should also be viewed in the context of the broad market and general economic conditions prevailing during the periods covered by the performance information. Any references to future returns/risk are not promises of the actual return the client portfolio may achieve. Before investing, investors should seek financial advice regarding the appropriateness of investing in any securities of investment strategies discussed. Not all investments are suitable for all investors.
The information herein is not legal, such as trust or estate planning, advice, or tax advice. Any such information is provided for illustrative purposes only and must not be relied upon without the benefit of the advice of your lawyer and/or tax professional. Lido specifically disclaims any liability from any reliance on such information. Lido is not a legal service provider or tax professional and does not offer legal or tax advice. Should you desire to obtain tax or legal services or advice, you must enter into your own, independent engagement agreement with a licensed attorney or tax professional.
Lido specifically disclaims any and all liability arising from the information or illustrations presented in these materials and is not responsible for the consequences of any decisions or actions taken as a result.
The information contained herein reflects Lido’s views as of the date of this newsletter. Such views are subject to change at any time without notice due to changes in market or economic conditions and may not necessarily come to pass. Lido has obtained the information provided herein from various third-party sources believed to be reliable but such information is not guaranteed. Any forward-looking statements or forecasts are based on assumptions and actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision. Lido is not responsible for the consequences of any decisions or actions taken as a result of information provided in this newsletter and does not warrant or guarantee the accuracy or completeness of this information.
Past performance is not indicative of future performance. The information in this report is for informational purposes only and should not be relied upon as the basis of an investment or liquidation decision. Nothing in this report shall be construed to be a solicitation to buy or offer to sell any security, product or service to any non-U.S. investor, nor shall any such security, product or service be solicited, offered or sold in any jurisdiction where such activity would be contrary to the securities laws or other local laws and regulations or would subject Lido to any registration requirement within such jurisdiction. All content herein has been obtained from sources deemed to be reliable, but is subject to unintentional errors, omissions and changes without notice, and is not warranted as to its accuracy or completeness. You should not rely on the information contained herein, and should rely solely on, and carefully read, the appropriate offering and related subscription materials relating to any specific investment product before making any investment decision.
Not all investments are suitable for all clients. It should not be assumed that any security listed or any recommendations made in the future will be profitable or without loss, including risk of loss of principal, or will equal any prior performance. All investments involve the risk of potential investment losses including the potential risk of loss of principal as well as the potential for investment gain. Further, the prior performance figures indicated herein represent portfolio performance for only a short time period and may not be indicative of the returns or volatility each portfolio will generate over a long time period. The performance of the portfolios should also be viewed in the context of the broad market and general economic conditions prevailing during the periods covered by the performance information. Any references to future returns/risk are not promises of the actual return the client portfolio may achieve. Before investing, investors should seek financial advice regarding the appropriateness of investing in any securities of investment strategies discussed. Not all investments are suitable for all investors.
The information herein is not legal, such as trust or estate planning, advice, or tax advice. Any such information is provided for illustrative purposes only and must not be relied upon without the benefit of the advice of your lawyer and/or tax professional. Lido specifically disclaims any liability from any reliance on such information. Lido is not a legal service provider or tax professional and does not offer legal or tax advice. Should you desire to obtain tax or legal services or advice, you must enter into your own, independent engagement agreement with a licensed attorney or tax professional.
Lido specifically disclaims any and all liability arising from the information or illustrations presented in these materials and is not responsible for the consequences of any decisions or actions taken as a result.