Don’t wait until you are under pressure, to create these safeguards.
If you don’t have documents that protect you, your family and your assets, you should consider doing yourself a favor and putting them on your list to accomplish in 2019, according to Fox Business in “3 financial documents everyone needs”
A Will. The essential function of a will is to ensure that your wishes are carried out, when you are no longer alive. It’s not just for rich people. Everyone should have a will. It can include everything from your financial assets to life insurance, family heirlooms, artwork and any real estate property.
A will can also be used to protect your business, provide for charities and ensure lifelong care for your pets.
If you have children, a will is especially important. Your will is used to name a guardian for your minor children. Otherwise, the state will decide who should rear your children.
Your will is also used to name your executor. That is the person who has the legal responsibility for making sure your financial obligations are honored. Without an executor, the state will appoint a person to handle those tasks.
A Trust. This one isn’t mentioned by Fox Business, but if you live here in California and own your home (even if there is still a mortgage on it), you need a revocable living trust. This is because in California, our probate process, which is the court administration of the estate of someone who doesn’t have a trust, is very lengthy, time-consuming, and expensive.
An Advanced Medical Directive. What would happen if you became ill or injured and could not make medical decisions for yourself? An advanced medical directive and health care proxy are the documents you need to assign the people you want to make decisions on your behalf. The advanced medical directive, also called a living will, explains your wishes for care. The healthcare proxy appoints a person to make healthcare decisions for you. As long as you have legal capacity, these documents aren’t used, but once they are needed, you and your family will be glad they are in place.
A Durable Power of Attorney. This document is used to name someone who will make financial decisions, if you are not able to do so. Be careful to name a person you trust implicitly to make good decisions on your behalf. That may be a family member, an adult child or an attorney.
Once you’ve had these documents prepared as part of your estate plan, you’re not done. These documents need to be reviewed and updated every now and then. Life changes, laws change, and what was a great tax strategy at one point may not be effective, if there’s a change to the law. Your estate planning attorney will help create and update your estate plan.
Reference: Fox Business (Dec. 19, 2018) “3 financial documents everyone needs”