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Common Estate Planning Mistakes To Avoid

Estate Planning

According to a 2023 study conducted by Caring.com, nearly two-thirds of Americans do not have an estate plan in place.  And many with plans never update them in light of life events or changing laws.

With this in mind, here are some of the most common mistakes made in estate planning. We always encourage everyone to periodically review their plans.

  1. Believing you are too young to plan
    It is never too early to start your plan; anyone with assets and loved ones needs an estate
    plan. Having an estate plan in place ensures that your affairs are in order. This includes
    planning for medical power of attorney, etc.

  2. Believing trusts are only for the super-wealthy
    Trusts can be incredibly valuable tools, providing greater control and privacy in regard to how
    assets are distributed and potentially offering tax savings.

  3. Not keeping an estate plan up to date
    Failing to regularly update your plan can lead to unintended consequences and not
    accurately represent your wishes. Significant life events such as marriage, divorce, new
    family members, loss of loved ones, a significant change in assets and new legislation that
    could impact your estate planning should trigger a review of your plan.

  4. Choosing the wrong executor or trustee
    It is important to carefully consider the individuals you name as executors and/or trustees for
    your estate. Inexperienced or untrustworthy agents may struggle with the complexities of the
    process, waste time, mishandle assets, make decisions that result in unnecessary taxes or
    not act in the best interests of the beneficiaries. (another mistake: not naming a back-up
    executor or trustee in case your first choice is unable or unwilling to fulfill the role.)

  5. Failing to account for estate and gift taxes
    These taxes can have a significant effect on the value of your estate. Consider strategies
    that can help alleviate the burden.

  6. Failing to consider Capital Gains and Income tax consequences:
    Income tax and capital gains implications have to be considered as part of your overall estate
    plan. With proper planning, you can minimize these tax consequences.

  7. Failure to appropriately leverage tax-advantaged accounts like IRAs and 401(k)s
    There have been significant changes in inheritance laws relating to retirement accounts in
    the past few years. Be sure to review accounts and carefully consider tax implications when
    assigning beneficiaries, as well as planning distributions.

  8. Failure to explore the tax advantages of charitable giving.
    Along with the satisfaction that comes from supporting organizations that you care about, you
    can optimize what you can give to both heirs and charities by utilizing appropriate charitable
    giving strategies. Consult your advisors to determine what might work for you.

  9. Insufficient planning for business succession
    If you’re a business owner, it’s important to have a thoughtful and clear succession plan in
    place to avoid any complications or tax issues when you transfer your business.

  10. Choosing the wrong professionals (or not using professionals) to help plan and
    document your wishes

    Your estate plan is part of a larger financial/ tax strategy. You can avoid costly mistakes by
    collaborating with experienced professionals who have ample knowledge/expertise to guide
    you, identify opportunities and ensure that your documents are in legal order.

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