Estate Planning
The process of arranging for the management and distribution of assets during life and after death, minimizing taxes and ensuring wishes are carried out.
FAQs
What is probate and why should I avoid it?
Probate is the court-supervised process of validating a will and distributing assets to heirs. It's public (estate details become court records), slow (6 months to 2+ years in complex cases), and expensive (1–5% of estate value in attorney and executor fees). A revocable living trust avoids probate by holding assets in trust — the trustee distributes assets per the trust document without court involvement.
When should I update my estate plan?
Review and update your estate plan after: marriage, divorce, or death of a spouse; birth or adoption of children or grandchildren; death of a named executor, trustee, or beneficiary; significant changes in assets or net worth; moving to a different state; major tax law changes; and at least every 3–5 years as a general check. Beneficiary designations on retirement accounts and insurance should be reviewed annually.
Does a will cover everything in my estate?
No. Assets with designated beneficiaries (IRAs, 401ks, life insurance, annuities), assets held in joint tenancy with right of survivorship, and assets held in a living trust all pass outside the will regardless of what the will says. This means beneficiary designation errors can override carefully drafted wills. A comprehensive estate plan coordinates all transfer mechanisms — not just the will.
Related Terms
Power of Attorney
A legal document authorizing a designated person to manage financial, legal, or healthcare decisions on behalf of the principal.
Beneficiary Designation
A legal instruction naming who receives specific account assets directly upon the account holder's death, bypassing probate.
Estate Tax
Federal tax on the transfer of assets from a decedent's estate above a statutory exemption threshold.
Gift Tax Exclusion
Annual IRS limit allowing tax-free gifts per recipient without consuming lifetime gift tax exemption.