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Is it Time to Review your Estate Plan?

It is a good idea to review your estate documents every five years, or when your financial or family situation changes.

DID YOU KNOW…..

If you remarry after you prepare your will or trust, your new spouse may be able to claim they were forgotten and bring a probate court action, even if they were provided for outside of your will or trust.

If you get a divorce, you should have your estate planning documents updated to make sure they have the right people in charge and the correct beneficiaries.  Be sure to also verify the beneficiaries of your IRA’s, annuities and life insurance policies.

Everyone should look over their trust periodically to make sure all schedule A assets are in the trust.  If you refinanced your home after your trust was prepared, make sure the home is in the trust.

Lottery Winnings_Now what_

What to do When you Win the Lottery

You have just won the lottery, congratulations! Now what?

I would advise all lottery winners to see an estate planning attorney to draw up a trust, a pour-over will, a general durable power of attorney for finance and an Advance Health Care Directive that includes HIPAA provisions.  It is important someone can manage your money for you, if you cannot.

The type of trust you set up depends on any inheritance tax consequences that might arise for your beneficiaries.  There are dynasty trusts that may be set up to provide for your children’s children’s, children.  Depending on the amount of the winning a simple probate savings trust may be all that is needed.

A consultation with a financial adviser would be a wise move, to ensure the income would support you for life.

 

Below is an article from forbes.com which shares some tips on what to do if you were to win the lottery.

What To Do If You Win The Lottery

By Zack Friedman, published on Forbes.com

If you win the next Powerball drawing, you could walk away with $650 million.

It’s easy to imagine how you might spend all that money.

Before you start spending your impending fortune, however, it’s important to ask yourself one question.

What do you actually do if you win the lottery?

Here’s what you need to know and how to execute your lottery financial game plan:

1. Sign the back of your lottery ticket

It sounds so simple, but it is the easiest step to take for granted. Despite the advent of technology, you still need to sign the back of a winning lottery ticket.
Why? Like a check, a lottery ticket is considered a bearer instrument. Whoever signs the winning lottery ticket and presents a valid photo ID can claim the lottery prize.So, sign your ticket right after you purchase it so you protect yourself in case you lose your winning ticket.

 

2. Choose a one-time, lump-sum payment or installment payments

You have 60 days from the day you present your winning ticket to determine how you want to receive your prize.

You have two choices when you win the lottery: you can receive a one-time, lump-sum payment or 30 installments over 29 years.

If you choose the lump-sum payment, you will receive your prize winnings upfront, and immediately will owe income tax on the full amount.

If you choose the installment plan in the form of an annuity, each installment payment will be taxed. Which should you choose? It depends in your personal preference.

Financially, a dollar today is worth more than a dollar tomorrow. If you choose the lump-sum payment, you have the peace of mind of receiving all the funds today and can invest the proceeds to earn a financial return.

However, if you prefer to set an allowance for yourself to help control spending, an annuity payment plan can help instill fiscal discipline.

You should compare the after-tax proceeds and your intended investment return (lump-sum payment) with the after-tax annuity payments and intended investment return (installment payments).

Overall, you will want to consider the time value of money — that is, how much you can earn under each scenario comparing the timing of the payments that you receive.

3. Assemble your financial and legal wolfpack

If you win the lottery, you may need help managing your new fortune. It is critical to have a team of trusted advisors to help you manage an array of investment, accounting, tax and legal issues.Expect to be approached by just about every type of advisor who wants to lend a helping hand.

Invest the time to make careful selections about who you want in your inner circle.

Not all advisors are created equally, so you will want to vet personally each new advisor you retain.

Don’t outsource this function. It’s your money, and you need to protect it.

You should interview each prospective candidate, and make sure he or she understands your goals.

Make sure to check their credentials to ensure they are properly licensed.

Advice is not always free so make sure to understand their fee arrangements before you retain them.

Most importantly, hire a team that tells you “no.”

The last thing you want is a team that says “yes” to every time you want to spend money on large purposes.

It’s your call how you spend your money, but it’s helpful to have a team that gives you honest advice even if it’s not what you want to hear.

4. Don’t abandon your budget

Wait, you just won hundreds of million of dollars. Why would you still need a budget?

Financial discipline doesn’t go away when you become a millionaire.

You may have more money, but that doesn’t mean the same principles of personal finance do not apply.

With more financial resources, there may be more things to purchase.

That’s why budgeting is even more essential.

Develop an action plan that accounts for your monthly and annual spending. Categorize your major expenses. Understand your income sources.

One strategy to instill financial discipline is to live off your income, not your prize winnings.

Therefore, you can preserve principal.

5. Take care of your heirs with an estate plan

If you have an existing estate plan, now is the time to update it.

If you have never put one together, now is the time to create one.

When you win the lottery, or have any major life change, it’s essential to ensure that your estate plan reflects your new reality.

With an estate plan, you will want to protect your estate, institute tax planning and consider how to provide for your heirs.

10 Reasons to update your will or trust

10 Reasons to Update Your Will or Trust

Many people will prepare estate planning documents and place them in a safe deposit box and forget about them. There are many reasons to review and update your documents. Below are 10 reasons that should prompt you to review your documents.

  1. The beneficiaries you named in your will or trust are deceased.
  2. New people in your life should be named in your will (e.g. birth, adoption, or possibly marriage).
  3. New laws. You need to periodically check to see if new laws impact your estate planning documents. New Tax laws may make the type of trust you have with your spouse inappropriate now.
  4. If you move to a different state, don’t assume that your will or trust conforms to the requirements of your new state. Each state has its own legal requirements for making a will.
  5. Change in guardians, personal representatives, or trustees.
  6. Children reach the age of eighteen.
  7. A substantial increase or decrease in the value of your estate.
  8. The acquisition or disposition of a significant asset.
  9. You should see an attorney about reviewing and updating your estate plans prior to reaching 70½ years of age if you have an IRA, 401(k), or other qualified plan that requires you to begin taking distributions at age 70½.
  10. The passage of time is reason enough. You should review your estate planning documents every three to five years.

If you have questions about making changes to your will or trust call Annette Dawson-Davis Attorney at Law 805.498.0909 or email: [email protected].

 

Source: www.findlaw.com