Working with an estate planning attorney to prepare an estate plan and a financial advisor to help manage money is understood to be a sensible approach. Each professional has knowledge in their own sphere, and both are committed to your success. However, if the estate plan isn’t aligned with the financial plan, it could lead to unexpected outcomes for you and your heirs.
This is the message from the article “This Is What Can Happen When Your Financial Plan and Estate Plan Aren’t in Sync” from Kiplinger. Thinking ahead and making sure you and your professionals are all working towards the same goals can avoid problems down the line.
Failing to properly fund a trust. Trusts are created to serve a variety of purposes. However, if assets aren’t properly titled and placed within the trust, they won’t work. Let’s say you create a revocable trust to control the distribution of assets to heirs. This is especially important if you are concerned about someone who isn’t mature enough to manage a lump sum.
For instance, you may want to arrange for a beneficiary to receive their bequest in 10% increments over a 10-year period. But if the trust’s distribution plan isn’t funded properly, the distribution may not happen correctly—or at all.
Naming a financial power of attorney. This is, or should be, a part of every estate plan. A financial POA allows someone to handle your financial affairs if you are still living but incapacitated. Sometimes the POA is not broad enough and doesn’t give the designated agent the full authority to execute the decisions they need.
Downloading a POA form and hoping for the best is a mistake. An invalid POA could lead to the family needing to go to court to obtain the ability to do something as simple as pay a utility bill… or as complex as making charitable donations and managing investments.
Checks and balances with two professionals. Both the estate planning attorney and the financial advisor will be more effective when they work together. One might be aware of a tax opportunity, the other may not know about it, or another may see a common pitfall to be avoided.
Some people make the mistake of thinking they don’t have enough significant assets to have an estate plan. All adults need at least a will, a financial power of attorney, a healthcare proxy and a HIPAA authorization form. Anyone who owns a home, car, or bank account will benefit from having an estate plan to prepare for incapacity and property distribution.
Creating an estate plan and aligning it with a financial plan will give you the peace of mind of knowing your affairs are in order, your family is protected and you can focus on enjoying life.
Legacy One Law Firm, APLC is an estate planning and probate administration law firm in Los Angeles, California, serving families throughout the State. We help individuals and families establish living trusts, wills, powers of attorney, advance healthcare directives, and other essential estate planning documents designed to protect their loved ones and preserve their legacy. Schedule a quick and easy consultation with estate planning attorney Sedric E. Collins, Esq., or call 323-900-5450.
