Estate Planning
David Postic
Top 7 Reasons People Delay Making An Estate Plan

According to a survey conducted earlier in 2019, only 40% of American adults have a Will or Trust. That percentage drops dramatically for younger age groups. For example, only 19% of people ages 18-34 have a Will or Trust.

So what’s the big deal?

As Baby Boomers pass away, experts predict that over $68 trillion (with a ‘trill’) in wealth will be transferred over the next 25 years. And the estate planning of those Boomers will control where all that wealth goes.

Despite the hugeness of those numbers and the importance of estate planning, it is easy to procrastinate when it comes to actually setting your affairs in order. Here are the top 7 reasons (in no particular order) people give us to explain why they delay estate planning:

1. “I’m too young.”

First of all, you are never too young to have an estate plan. I wrote a series of articles specifically geared toward estate planning for Millennials. (Or you can substitute “Millennials” for “Gen Z” or whatever weird thing we are on now.)

Whenever young people say “I don’t have enough assets for an estate plan” or “I’m going to wait until I have a family,” what they are really saying is, “I don’t plan on going anywhere anytime soon.” Because young people don’t die, they live forever.

Top 7 Reasons People Delay Making An Estate Plan
Estate Planning, Taxes
David Postic
Everything You Wanted To Know About Estate ...

The Internal Revenue Service (IRS) recently announced that the estate and gift tax exemption is increasing in 2024 to $13.61 million per person, up from $12.92 million in 2023.

The IRS also confirmed that the annual gift exclusion amount is increasing from $17,000 per person in 2023 to $18,000 per person in 2024.

Read more: IRS Rev. Proc. 2023-34

Okay great, you might be saying to yourself. But what does that mean, and why does it matter?

Great questions.

There are a lot of misconceptions about estate taxes and gift taxes — often referred to as “death taxes.” What they are, who has to pay them, how to avoid them.

This article is my attempt to demystify the topic for you and to help you figure out how these tax changes could affect your estate plan.

Everything You Wanted To Know About Estate & Gift Taxes
Estate Planning
David Postic
8 Questions to Prepare Your Estate Plan for 2024

2023 is almost over.

The end of the year is a time for people to gather together with family and friends, to look back on the past 365 days, and to look forward to better, happier things.

People usually don’t want to think about things like—oh, I don’t know—their mortality. Death. Stuff like that.

However, it is crucial to regularly review and, if needed, update your estate plan. The end of the year is the perfect time to do that.

So before you completely wipe 2023 from your memory, ask yourself these 8 questions to make sure your estate plan is ready for whatever 2024 throws at you.

1. Will the right people get my “stuff”?

First, make sure your will or trust correctly states who will inherit your assets.

You should then review your pay-on-death (POD) beneficiaries on insurance policies, retirement accounts, and other assets.

Do they match the beneficiaries in your will or trust?

Related post: 7 Mistakes to Avoid When Naming Beneficiaries

Many people incorrectly believe that a legal document such as a will or a trust controls what happens to all of their assets.

However, beneficiary designations can override those documents.

For example: Your trust may say that your son John will receive your entire estate and that you are disinheriting your other son, David.

But if your insurance policy lists David as beneficiary, he will still get part of your estate.

You should therefore coordinate your beneficiary designations with your will or trust to make sure all of your assets are distributed the way you want.

8 Questions to Prepare Your Estate Plan for 2024
Estate Planning
David Postic
What's the Difference Between a Will and a ...

Lawyers love to be confusing.

We use insane-sounding words from Latin and Greek and some other languages that I’m pretty sure are completely made up.

Words such as testator, force majeure, per stirpes, and inter vivos.

Our words are so weird, we have to italicize them.

So I’m not surprised when someone asks me whether a Last Will and Testament and a Living Will are the same thing.

After all, both documents have “Will” in their names, right? It would only be reasonable to think that they are similar.

But they are not similar. They are very, very different.

So I’m going to cut through the legal jargon and explain the differences between Wills and Living Wills — and help you decide which one might be best for you.

Last Will and Testament vs. Living Will

Before diving into specifics, it’s first helpful to know how to define estate planning:

An estate plan ensures (1) that the right people are able to care for your SELF in the event you become incapacitated and (2) that the right people are able to get your STUFF in the event of your death.

Every estate planning tool fits into one of those two categories, and a good estate plan should address both areas of focus.

And as luck would have it, I will be discussing both categories in this post.

What's the Difference Between a Will and a Living Will?
Estate Planning
David Postic
3 Magic Ingredients in a Great Letter of ...

So you’ve got some nifty estate planning documents?

You are awesome.

Formal estate planning document can ensure your family is cared for after your death, avoid court, and minimize the burden your loved ones will face when you are gone.

But legal documents are only one part of the equation.

Your estate plan is not complete just because you signed some fancy papers.

Because while formal estate planning documents can avoid legal obstacles after your death, they do not eliminate the myriad other tasks necessary to settle your affairs.

Think of it this way:

If you died today, would your family know what to do?

If they couldn’t remember anything you told them about your estate, would they be able to easily find all the information they need?

Read more: Why You Need to Have an Estate Planning Fire Drill

If you answered “no” to either of those questions, then your estate plan is not complete.

To make things easier on your loved ones after your death, the best thing you can do is create an estate planning letter of instruction.

3 Magic Ingredients in a Great Letter of Instruction
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8 Reasons You Should Have a Living Trust

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8 Reasons You Should Have a Living Trust

Trusts are amazing estate planning tools.

They can be used for tax planning, asset protection, Medicaid planning, business succession, and more (though each of those options has significant downsides).

When most people talk about trusts, however, they are referring to living trusts.

You might also hear this type of document referred to as a revocable living trust or a revocable trust or an inter vivos trust or a bunch of other names. They all generally mean the same thing.

Contrary to popular belief, trusts are NOT just for wealthy people.

In fact, because of its numerous advantages and its flexibility, the living trust has become one of the most popular — and, in my opinion, one of the best — estate planning tools available.

Here are 8 reasons why a living trust might be right for you:

1. A living trust can eliminate the need for probate.

Everyone wants to avoid probate, if possible.

It’s expensive, time consuming, difficult to navigate, and often stressful and contentious.

There is (unfortunately) a widespread belief that having a Last Will and Testament means your family won’t need to probate your estate. But a Will must be probated after your death to be effective!

In other words: If you want to avoid probate, a Will is not the way to go.

Why Star Wars is Actually About Estate Planning

Why Star Wars is Actually About Estate Planning

Today is May 4th, which means only one thing…

It’s Star Wars Day (as in, “May the Fourth be with you”).

Yes, just three days after Justin Timberlake's annual takeover of the Internet, your Facebook news feeds and Twitter timelines are probably now overflowing with Star Wars memes.

It's a tradition that has come to feel like an overdone Dad Joke™, though like many Dad Jokes™, it still makes your mouth turn up slightly at one corner against your wishes.

But this year I want to add something unique to the discourse.

Something gripping.

Something provocative…

I am going to explain how Star Wars is actually a story about estate planning.

It is an incredibly ambitious undertaking, I know. No scholar has attempted it before. But in the words of a tiny green space goblin named Yoda, “Do, or do not. There is no try.”

A Few Introductory Notes

As a Star Wars fan and as an attorney, I am obligated to make several disclaimers.

First and foremost, consider this your one and only >>spoiler warning<<.

Estate Planning Basics You Need to Know

Estate Planning Basics You Need to Know

Most people have been told that they need an estate plan, that it’s a smart thing to have.

But what exactly is estate planning?

Why is it important to have an estate plan?

Those are great questions, Dear Reader. And I could talk about them for hours… But not in this post. In this post, I want to give you the short-and-sweet answers.

How Do You Define Estate Planning?

Estate planning is an immensely broad topic.

It includes everything from probate avoidance to asset protection, from tax planning to insurance policies, and from family law to business formation.

But estate planning can be boiled down to a simple definition:

An estate plan ensures that the right people are able to care for your SELF in the event you become incapacitated and that the right people are able to get your STUFF in the event of your death.

That’s it.

An estate plan is concerned with answering two main questions: (1) Who do you want to make decisions for you if you can’t make them for yourself? and (2) Who do you want to get your assets when you die?

7 Estate Planning Tips for Quarantine

7 Estate Planning Tips for Quarantine

What a strange time to be alive.

Some people have been in quarantine for nearly two months, while others are still adjusting after “only” (those are sarcastic quotation marks) a few weeks in isolation.

No matter which way you slice it, Coronavirus (COVID-19) has affected all of us.

I’ve talked with a lot of people over the past month who desperately want to create or update their estate plans to deal with Coronavirus but who don’t want to go to an attorney’s office.

Although I have written before about the dangers of “Do It Yourself” estate planning, here are 7 things you can do during quarantine to organize your affairs WITHOUT needing to leave home:

1. Draft a letter of instruction.

If you died today, would your representatives know how to settle your estate?

The purpose of an estate planning letter of instruction is to provide information to help guide your loved ones or other representatives through the process of settling your affairs.

I’m not talking about advice regarding probate or other legal matters. I’m talking about information that isn’t included in any of the documents you will get from an attorney.

A letter of instruction can answer questions such as:

Coronavirus: Why You Need a Power of Attorney

Coronavirus: Why You Need a Power of Attorney

Unless you have been living in a bubble (which might actually be a good idea), you have heard about the novel Coronavirus, or COVID-19, which the World Health Organization has declared to be a pandemic.

It’s a scary time in the world, and this article isn’t intended to make things scarier.

On the contrary.

My goal is to help you get some peace of mind. Because even though this health crisis has left many of us feeling helpless, there are a few simple — yet incredibly important — legal tools that can make a HUGE difference for you and your loved ones.

Estate Planning Matters Now More Than Ever

Coronavirus is not an ordinary virus.

It can ultimately cause respiratory failure, requiring patients to be intubated and put on a ventilator. (You know, that thing hospitals are running low on?)

For many, that’s the most frightening aspect of this pandemic: it can cause temporary or permanent incapacity, i.e., the inability to care for or make decisions for yourself.

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