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5 Estate Planning Myths Held by People in Their 20’s

Estate planning can be an intimidating process, but it doesn’t have to be. Having your wishes clearly defined can alleviate your family and loved ones from a great deal of stress. Planning ahead will only benefit you in the long run. As a young adult, estate planning allows you to take stock of your assets as they grow. Here are five myths that often stop people in their twenties from starting the estate planning process:

  1. Myth: People in Their Twenties are Too Young to Begin Planning Their Estate

It is common for young adults to assume estate planning is for retirees or those facing end of life. However, estate planning is equally important for young adults.

Adults in their 20’s are in a unique and beneficial position when it comes to estate planning. Many are in the process of defining long-term goals, establishing their life plan, and working toward acquiring assets while being far from retirement. It is an ideal stage in which to consider options for wealth-building and maximizing retirement benefits, and planning. In addition, it is important to consider unforeseen circumstances.

One estate planning age restriction: You must be at least 18 years old to create a will in Maryland.

  1. Myth: Estate planning only applies to real estate owners.

The belief that estate planning is only for homeowners is a widely-held misconception among people in their 20’s. Contrary to this belief, is not necessary to own a home or have sizeable assets to plan your estate.

Estate planning encompasses all of your assets, not only real estate. This includes, but is not limited to: vehicles, electronic equipment, investment accounts, family heirlooms, and valuable personal possessions.

  1. Myth: Estate planning is not necessary for those with no children or beneficiaries.

Even with no children or heirs, it is important to consider the people you leave behind and preemptively mitigate disputes or confusion that may arise in your absence.

Petcare is an often-overlooked aspect of estate planning. While a pet cannot be a beneficiary, there are ways to ensure your pet’s needs are met in the event of your death or incapacitation. One option is a pet care trust, which allows for funds to be allotted to the care of a pet after the death of its owner.

Charitable estate donation is an appealing choice for those with no heirs, and can be laid out in one’s will. It is an alternative to dying intestate, which leaves asset distribution in the hands of the state.

  1. Myth: A will is enough.

There is more to estate planning than making a will. While a will protects your assets and possessions, a will alone does not cover everything.

In the event that you can no longer make or communicate your healthcare decisions, it is essential to delineate your legal, financial, personal, and medical wishes. You may also wish to appoint an agent you trust to make these decisions on your behalf. A Power of Attorney (POA) form authorizes an agent to make legal, financial, and personal decisions on your behalf.  For example, the POA is helpful for college students who may be studying abroad and need a parent to assist with taxes or other financial matters while they are gone.

Advance directives are medical powers of attorney. An advance directive protects your right to request specific treatment for medical care or refuse medical treatment that you do not want in the event that you become incapacitated, and appoints a healthcare agent to make specific or general healthcare decisions on your behalf.

 

  1. Myth: Estate planning is a one-time task.

Estate planning is a continuous process. Get into the practice of revising your estate plan periodically, especially following significant life events. This includes:

  • Changes in marital status
  • The birth or death of family members
  • Change in homeowner status
  • Change in residency (state or country)
  • Change in career/income

Estate planning in your 20’s may not be on the top of your must-do’s, but it should be. Making important and sometimes tough decisions now will lay groundwork for the more complex planning that will come later. You will also spare your loved ones the hassle and heartache of distributing your assets if and when the unexpected happens. If you live in Maryland, contact us at the Law Offices of Elsa W. Smith, LLC to schedule your estate planning consultation today.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.

 

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The Queen of Soul Died Without a Will: What It Means to Die Intestate

Aretha Franklin, an unparalleled, unprecedented icon and known as the Queen of Soul, passed away on Thursday, August 16, 2018 from advanced pancreatic cancer. She left behind family members, friends, and generations of admirers who will be forever touched by her presence.

As the world mourns the loss of Ms. Franklin, another important discussion has come to light. According to reports referencing recently acquired court documents, it has been revealed that Aretha Franklin did not leave a will behind at the time of her passing.

What will happen to her estate?

When a person dies intestate (without a will, or, without a valid will), State law dictates the administration of the deceased’s estate. Assets are distributed to heirs through a probate court in accordance with intestate law.

Because Aretha Franklin has surviving children and had no spouse at the time of her death, Michigan intestate succession law orders the inheritance to be split equally between her children (four sons).

Intestate succession laws vary from state to state

One widely agreed-upon implication, however, is that dying intestate complicates the administration of one’s estate. In many cases, it may raise disputes among family members and loved ones who disagree with intestate law procedure.

When someone dies intestate, the executor, who is usually named in the will, is appointed by the court. The executor (also called a personal representative) is tasked with overseeing and managing the administration of the estate. This also includes ensuring that estate taxes and debts are paid.

In Aretha Franklin’s case, her surviving sons have come to an agreement to assign executor responsibility to Ms. Franklin’s niece, Sabrina Owens. With an estimated net worth of $80 million (Source: BusinessInsider.com), there is liable to be contention about what happens with these assets, but the prompt and mutual agreement displayed by Ms. Franklin’s family is a positive sign that they are working toward a peaceful resolution.

In the case of Prince, who died in April of 2016, the distribution of his estate has yet to be resolved. Like Ms. Franklin, Prince died without a will and did not leave documentation of what he wanted to be done with his estate.

The administration of Prince’s estate has seen numerous complications, from beneficiaries disagreeing with the court-appointed executor, Comerica Bank and Trust, to an ongoing delay in assessing the value of Prince’s estate, which is required before his heirs can receive their share of the estate. Additionally, the fees collected by lawyers, the IRS, and the executor have greatly decreased the amount that will ultimately be split among Prince’s heirs.

How to Avoid Dying Intestate

The passing of Aretha Franklin is a reminder that estate planning is crucial to providing yourself and your loved ones with peace of mind in the event of your death or incapacitation. Whether you leave behind a spouse, a family, or have no heirs, having a succession plan is essential.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.

Having your documents prepared by an attorney experienced in Maryland estate planning will provide you with the guidance and reassurance you need to plan ahead. If you would like assistance with estate planning in Maryland or have questions regarding your situation, contact the Law Offices of Elsa W. Smith, LLC today.

 

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The Buy-Sell Agreement: A Powerful Estate Planning Tool for Business Owners

Business owners in Maryland can benefit from estate planning strategies, both on a personal and business level. This may include the use of a buy-sell agreement, which can be an important tool for an owner of an interest in a closely-held or small family business. The business may be organized as a partnership, an LLC or a small business corporation. The buy-sell agreement may provide for business succession procedures, for restrictions on the transfer of stock or business shares, and for the purchase of the share of a withdrawing owner or partner. Specifically, it may apply when a shareholder, member or partner retires, dies, becomes incapacitated, permanently disabled, or for other unexpected departures. This article focuses largely on the buy-sell agreement in the estate planning context to facilitate the individual’s goals for the direction of the business and for compensation of his or her beneficiaries after death.

The Important Benefits of the Buy-Sell Agreement:

The buy-sell agreement offers several important benefits, which may include:

  • Preventing withdrawing partners, members or shareholders from selling their share to an outsider without first offering it to the corporation or the remaining owners or partners;
  • Providing funding and establishing the terms and conditions for purchase or sale of a disabled, deceased, incapacitated, retiring or withdrawing owner’s share in the business;
  • Providing a formula that can be advantageous tax-wise to the parties in arriving at the fair value and price of the share being transferred;
  • Giving enforceable contractual assurances to each owner or stakeholder that nothing will precipitously impact one’s share in the business, except by strict adherence to the clearly established terms in the agreement.
The Buy-Sell Agreement and Estate Planning:

For estate planning purposes, the buy-sell agreement helps to minimize stress and uncertainty to the beneficiaries. This may occur where there is no plan and/or insufficient funding for passing the decedent’s business interest to the beneficiaries. For example, one of the co-founders of a family-owned company may desire that the business is kept within the family and not sold to outside parties when she dies. She also wants the other owners to purchase her share so that her beneficiaries can inherit the full value of her share.

The buy-sell agreement usually gives the surviving business owners a “right of first refusal” to purchase the decedent’s share. This keeps the business in the closely-held family circle and tends to assure that the values and traditions that made the business a success will endure.

Life Insurance Facilitates Purchase of the Decedent’s Share:

Free-flowing cash or liquid assets are not always available to purchase a valuable interest in a successful, longstanding business. Indeed, the agreement will provide that the decedent’s share is offered on the market if the corporation or the surviving shareholders or partners cannot complete the transaction. But pre-planning through the buy-sell agreement removes that uncertainty and establishes an automatic mechanism for funding the purchase of the decedent’s ownership interest.

That is accomplished through life insurance, which may be purchased as a group of policies that covers each of the owners or partners for the various contingencies, including death. The purchase price of the decedent’s share is calculated by the formula contained in the agreement, which was tailored to provide maximum tax savings to the parties. The insurance coverage is pre-calculated to pay the value of the decedent’s share and expenses related to the transfer. Periodic review of the formula and the insurance funding is necessary to avoid insufficient financing.

Using a Will or Living Trust To Distribute the Business Proceeds and Other Assets:

The business owner’s last will and testament is usually the centerpiece of the estate plan. It provides for the disposition of the owner’s share with reference to the buy-sell agreement. Alternatively, circumstances and personal preferences may occasionally call for using a living trust instrument as the central mechanism for asset distribution. In that event, the agreement will be coordinated with the trust for a seamless transfer of the proceeds to the beneficiaries. With the trust, probate may be avoided, and any minimal assets found in the probate estate may be disposed of by a “pour over” will that gifts the stray assets to the trust for final disposition.

The trust may also establish management of assets by the trustee if the owner becomes disabled or incapacitated. A separate power of attorney is also recommended to cover all bases in the event of incapacity. In addition, the avoiding of probate usually facilitates a quicker distribution of the business purchase proceeds and the other assets; administrative expenses may also be significantly reduced. Nonetheless, the estate planning decision to use a living trust or a will is a relatively complex issue in Maryland and elsewhere. It requires professional guidance and analysis. Estate planning, trust administration, and business interest transfers through a buy-sell agreement are not safely accomplished through internet templates. Trying to self-maneuver such an intricate legal and financial web may cause mistakes and extraordinary expenses. The process may be best accomplished with the combined input of the estate planning attorney, a qualified financial planner and a life insurance agent.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.

For guidance in crafting your buy-sell agreement or any other estate planning documents, contact Maryland attorney Elsa W. Smith at the Law Offices of Elsa W. Smith, LLC.  We have two offices to serve you – Annapolis (410) 556-0077 and Laurel (301) 358-4340.  You can also contact us through this website.