A Will Is The Foundation Of A Good Estate Plan

By Sherry Hill

Estate planning in Texas is little different than other states but there are specific requirements for each aspect of your estate plan. The overall objective of your estate plan is to have your property distributed according to your wishes. The estate planning process starts with a will and can include many other elements like trusts, living wills and powers of attorney. Your will is the cornerstone of your estate plan so we will start there.

The first and often the most important instrument to put in place is your last will and testament. A will is a legal document that outlines your wishes regarding your assets after you die. Many people make their own wills through software or forms they download off of the internet but this isn't always a wise choice. Requirements for wills are different from state to state and are not always easy to interpret. If you don't create a will that can be validated in probate court then your estate may be disposed of as if you never even wrote a will. The bottom line is that hiring a professional to help craft your last will and testament is a smart choice and it can be done for a reasonable fee.

Power of Attorney - A power of attorney is a legal document that authorizes somebody to act on your behalf in legal or business matters. A durable power of attorney is a special kind that allows the rights granted to be effective if you become incapacitated due to injury or mental illness. Durable powers of attorney can by financial and medical in nature. A Health Care Power of Attorney is a durable power of attorney that authorizes the appointed agent to make health care decisions for up. The authorization can include the ability to stop life sustaining medical support if it is keeping a terminally ill patient alive.

A living will goes hand in hand with a medical power of attorney. A living will states your intentions regarding health care if you are not capable in do so for yourself due to a future incapacity. The living will states WHAT you want done in specific situations and the health care power of attorney authorizes somebody to follow through on your wishes. These two documents are complicated enough that most are crafted by professional estate attorneys.

Trusts - Trusts are legal devices that let you place restrictions on how and when your assets will be distributed upon your death. A great example of establishing a trust is if you want to leave assets to your minor children. You can place those assets in trust and limit the asset dispersal schedule to future ages or events that you deem appropriate. Trusts can also be used as a tax planning device to allow your assets to be transfer by a different path.

Tax planning - There are a wide variety of tools that can be used to manage the tax burden at your death. These include life insurance, life insurance trusts, charitable remainder trusts, qualified personal residence trusts and more.

Now that you a familiar with some of the estate planning tools available, it is time to start your estate planning process. Step number one is to list out all of your assets whether held just by you or jointly with your spouse. With that list in hand go through every item and choose who should receive each item upon your death. You should also note and items or recipients that you would like to place restrictions or requirements upon. Now it is time to decide if you are going to try and create your estate plan on your own or with the help of a professional.

There are also other instruments available for estate planning but the important thing is to work with professionals to craft a plan that meets your specific needs and desires. - 23212

About the Author:

Creating a New Texas Will, or any other state, requires that you follow the probate laws of your state exactly. If this seems challenging, don't hesitate to get professional estate planning help.