Creating a comprehensive Florida estate plan is the first step in protecting assets for you and your family. But don’t stop there. Here are some tips to ensure your estate is properly organized:
If you have a safe deposit box, name a trusted co-owner of the box so your family can access it without having to get a court order. When you die, your Durable Power of Attorney dies with you, so your executor will not have immediate access to the box.
If you are in the habit of hiding valuables in your home, tell a trusted family member where those hiding places are.
If you use a name that is not your legal name on your bank account or other financial accounts – i.e., Bob Brown instead of Robert Brown – be sure that your alternate name is on your estate planning documents.
If a Florida resident passes away in another state, be sure their Florida address is noted when the death is reported. An out-of-state address on a death certificate can lead to problems at probate.
Be sure the person you have named as your executor or trustee is willing and able to serve. There are many instances when estate planning documents have not been updated, and a named representative has passed away or become disabled, requiring the court to get involved.
Although estates may be smaller after the economic downturn of the last few years, there’s now more room for flexibility, and if you play your cards right, more of your estate will end up going to your heirs rather than to the government.
So what does it mean to play your cards right?
Be specific about the distribution of your estate. Questions about your estate will inevitably lead to fights between family members. Being clear in your will or trust means fewer questions and fewer fights.
Build flexibility into your estate plan. A revocable trust as opposed to an irrevocable trust will give your executor more flexibility to manage assets when they need to be managed.
Reassess (and possibly re-title) how you hold your assets and plan to take advantage of the current exemption ($5.49 million per person, $10.98 million for couples.)
Make gifts now, rather than after you’re gone. Gifting while you are still alive can remove taxable assets from your estate, and since the estate tax exemption is so high, it’s a good time to give. You may also want to consider how much you can accomplish with a pen and checkbook, including paying tuition and medical expenses for your grandchildren with no tax consequences.
But the first thing you need to do is dust off your existing estate plan and take it to a Florida estate planning attorney for review. If you haven’t done so in awhile, it’s time to reassess, revise, and take control again.
At The Estate, Trust and Elder Law Firm, P.L. we help our Treasure Coast clients develop and implement comprehensive estate planning strategies personally tailored to their unique situation, needs, and goals. for your free initial consultation at one of our conveniently located offices in Fort Pierce, Stuart, Port St. Lucie, Vero Beach, and Okeechobee.