Complete Estate Planning

It’s been said that if estate plans were cars, most people would be driving stripped down models; no seat belts, air bags, air conditioning, power steering, cruise control, stereo or other options that provide for the safe and comfortable operation of a car.

The estate planning equivalent of a stripped-down car is a simple will. Most people believe that a will is all you need. For a person with assets over $184,500, a will is only one part of a well-constructed estate plan. A properly constructed estate plan includes all of the following documents:

  1. Revocable Living Trust
  2. Pour Over Will
  3. Durable Power of Attorney for Asset Management
  1. Advanced Health Care Directive
  2. Community Property Agreement
  3. Support

1· Revocable Living Trust

A Revocable Living Trust is designed to avoid conservatorship proceedings on your disability and probate on your death.If your gross estate exceeds $184,500, you need to consider a trust.

2· Pour Over Will

A Pour-Over Will transfers forgotten assets into your trust upon your death. It acts as a backstop to catch assets left in your individual name and transfers those assets into your trust. Pour-Over Wills efficiently handle assets that total $184,500 or less.

This means that limited assets, such as a small checking account, a savings bond, and your cars, can be left out of your trust and escape probate. Pour-Over Wills also allow you to name a guardian to raise your minor children.

Revocable Living Trust
Durable Power of Attorney

3· Durable Power of Attorney for Asset Management

A durable power of attorney for asset management allows you to designate a trusted friend or relative to manage your assets if you become disabled and cannot manage your own finances.

This power allows your designated agent to sign your tax returns, make withdrawals from your retirement accounts (for your benefit) and transfer assets into your trust.

4· Advanced Health Care Directive

In California, an advanced healthcare directive allows you to instruct your physician to withhold any life-sustaining procedures that would delay an imminent death.

Also, you can authorize a friend or family member to make medical and personal care decisions for you, should you become unable.

5· Community Property Agreement

A Community Property Agreement is a document signed by a married couple. It gives the surviving spouse the advantage of a step-up in basis.

This is an income tax advantage: Income Tax Advantages of Community Property

6· Support

A quality estate plan should have a qualified attorney backing up and supporting the plan.

I am available to answer questions as they arise, provide follow-up support as needed, help make changes, and meet with your family upon your death.

Community Property Agreement
Bourdelais Law Offices

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