Estate Planning Essential Questions
Dara Lynn (Sheehan) Freytag, A02, a partner at the law firm Tarlow, Breed, Hart & Rodgers, P.C., guides her clients to develop and implement sophisticated and tax-efficient estate plans to address their specific needs and goals, including protecting assets for the next generation and minimizing probate.
1. What is estate planning, and why is it important?
Estate planning involves documenting your wishes regarding the disposition of your assets and nominating individuals who will handle matters in the event of your incapacity and/or death. Key estate planning documents include a will, durable power of attorney, health care proxy, HIPAA information release authorization, living will, and revocable trust. If you do not have a plan in place, state law will dictate to whom and when assets will be distributed, which may not align with your wishes.
2. What are the first steps?
Begin by finding an experienced trusts and estates attorney, preferably with a tax background, with whom you feel comfortable working. You and your attorney will (i) review your existing estate planning documents, if any; (ii) analyze your assets, their fair market value, and how title is held; (iii) discuss how you wish to distribute your assets at death; (iv) review the potential tax consequences of your plans; and (v) prepare the necessary estate planning documents.
3. How often should a plan be reviewed?
As your life evolves, your estate plan will change. Review and update your documents annually, and after major life changes occur, such as marriage, divorce, birth, death, or relocation to another state or country. Updates may also be needed after certain business transactions (e.g., sale of a company or transition from a private company to a public company).
4. What are your top tips for successful planning?
First, look at your estate documents, reviewing how assets are titled and whom you named on your beneficiary designation forms. Second, regularly consult your advisors for guidance. Third, ask questions so that you are well informed to make decisions regarding your estate plan.
5. How can someone include charitable giving in their plan?
You can include gifts to charity in your will or trust, or designate a charity as the beneficiary of an IRA, 401(k), life insurance policy, or donor-advised fund. Whatever approach you choose, it’s important to share your intentions with the charity. Reaching out allows you to confirm your wishes can be carried out as you envision and gives the organization the opportunity to say thank you.