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Estate Planning Basics

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Wills, Trust & Estate Plans

What is an Estate Plan? _________

Simply stated, an estate is the collective assets, large or small, a person owns when he or she dies. A person's estate is distributed to his or her heirs according to dictates of a will or trust. If there's no will or trust, then the estate passes according to the laws of the state.

If the estate is distributed by a will or by the laws of the state, it requires a court process called probate. There are several reasons to avoid probate. Probate is a lengthy process which delays the fulfillment of your wishes. It is a matter of public record and the process of estate administration can sometimes result in controversies and litigation that may incur additional expense.

Estate planning, on the other hand, prepares for the orderly handling, disposition, and administration of an estate. Estate planning includes drawing up a will, establishing trusts, and taking the steps necessary to minimize estate taxes.

A well-designed estate plan allows you to decide the outcome. It can preserve more of your assets and allow you to pass them to the people and causes you care about most.

While most people are familiar with a will, many don't realize its limitations, regardless of how carefully it is constructed. Many people mistakenly assume that a will is all that's necessary, when a more comprehensive approach is actually needed. Even a modest estate may gain substantial benefits from a professionally designed estate plan.

What is a Trust? ____________________
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A trust is a very personal and carefully designed document. It may be the best solution for addressing the complexities associated with preserving assets while providing for the future benefit of your heirs.

There are two broad types of trust. A living trust takes effect during the owner's lifetime and a testamentary trust takes effect upon the owner's death. Under certain circumstances, a trust can help you:

  • Take advantage of tax credits available to you, your estate, and your beneficiaries
  • Maximize the assets available for distribution to your beneficiaries
  • Direct the distribution of assets to specified individuals or organizations
  • Secure the continued care and financial support of loved ones who are elderly, disabled, or financially inexperienced
  • Provide for loved ones in a way which reduces complexity and cost to them
  • Minimize court and legal involvement
  • Ensure ongoing management of assets should you become unable to do so
  • Maintain privacy
  • Achieve personal charitable giving goals

Is a Living Trust enough? __________ Back to Top
A living trust may avoid probate but it will not reduce or eliminate estate taxes without additional planning.

Is it expensive to have an estate plan?
The cost of developing and setting in place an estate plan depends on the complexity of your situation and size of your estate. There are some attorneys who perform these services for a flat fee. However, the cost of estate planning is generally small compared to what you're likely to save with a well constructed estate plan.

Gospel for Asia has joined with PhilanthroCorp to offer our donors professional counsel without cost in many cases.

How can I learn more? ________________ Back to Top
Request a free phone conference with one of PhilanthroCorp's Estate Specialists. They will be happy to help you. Call 800-876-7958 ext 2127, or email
(click here)

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Information on this site is NOT intended for legal advice. See Disclaimer

 

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