Building Legacies that Last Estate Planning and Elder Law

Protect Your Greatest Asset

3538871771_3a3cbb1eb8_zWhen people think about estate planning, they normally think about possessions and money. They think that estate planning is all about deciding who gets what possessions and who will inherit their money.

For some people, this is not something that they care about too much. They think it is of no importance to them what happens to their money. After all, they will not be around to spend it or to see who does, so why bother with it too much?

Estate planning, however, is about much more than that, as NJ Biz recently discussed in “Why haven’t you protected your greatest asset?”

The most important thing you have is your family, especially if you have minor children. Estate planning is about protecting them.

Yes, most of the focus is on possessions and money. However, the point of estate planning is to decide the best way to leave your possessions and money to your family.

It is about making sure that your family is cared for after you pass away.

When you plan your estate, you can make sure that your assets can be used by your family to meet its needs.

If you have minor children, then estate planning is also about making sure that a responsible person takes care of them and handles the assets for the children, until they are old enough to do so for themselves.

You need to plan for your family. Think about them as the reason for estate planning, instead of just thinking about it as a way to deal
with your possessions and money.

Reference: NJ Biz (Oct. 9, 2017) “Why haven’t you protected your greatest asset?”

Wills Must Go through Probate

Last willIt is not always clear how mistaken estate planning beliefs get started. It usually happens on the Internet
with people seeking out legal advice from often bad sources.

Sometimes, it starts with a television show or movie that has played loose with the law.

Regardless of how mistaken beliefs start, it is important to make sure that you do not believe any of
them.

One that more people believe than might be expected, is that wills do not have to go through probate.

That is just wrong, as TC Palm discussed in “Common misconceptions about wills and trusts.”

This idea probably got its start, because in some states if an estate is small enough, then it does not have
to go through probate. Usually, these are very small estates with very few assets.

Someone with good intentions probably had a relative or friend who passed away with few assets and
as a consequence, the will did not have to go through probate.

However, most wills do have to go through probate. They need to be submitted to the court and
approved.

The probate court then oversees the administration of the estate as conducted by the executor or
personal representative.

If you want your estate to avoid probate, what you need is not a will.

Instead you need to use other estate planning instruments, such as trusts.

Trusts do not have to go through probate in almost all cases. If you would like to get one, schedule an
appointment with an estate planning attorney.

Reference: TC Palm (Oct. 5, 2017) “Common misconceptions about wills and trusts.”