We make a living by what we get, but we make a life by what we give.
-Winston Churchill
While few of us want to think about the possibility of dying, none of us want to consider dying without a solid estate plan. Imagine the fate of your children, pets, and wealth being decided by the courts. According to the US government, half of Americans die without completing a will. My challenge to you this month is for you to either start or improve your estate plan.
Here are the essentials to establishing a solid estate plan:
1. Carry adequate life insurance for your survivors
2. Update your beneficiary information on your retirement and investment accounts.
3. Compete a will
4. Complete a medical directive and assign your healthcare proxy
5. Give while you are alive.
Let’s review these points one at a time.
Carry adequate life insurance for your survivors.
Inadequate life insurance is one of the most unfortunate scenarios for a surviving family. Not only do the survivors have to grieve the loss of a loved-one, but also face the long-term financial stress of making ends meet. It’s important to have the right amount of life insurance, the right type of life insurance, and to shop competitively.
Determine the amount of required life insurance by considering the money needed to pay off the house, pay for childcare, pay for college education, and replace missed wages. A general guideline is to buy 10 times your annual income. This would mean that a person earning $50,000 per year would consider a $500,000 term policy. Also recognize that a life insurance policy on a non-working spouse makes sense to provide for care of children. The bottom line question is, how much money would the family need if there is an unexpected death of a parent? If nobody is dependent on your income then life insurance is not needed.
I recommend the purchase of level term life insurance. Level term life insurance means that the death benefit remains the same during the life of the policy. A 40-year non-smoker male can purchase 20-year level policy with a $500,000 life insurance benefit for about $450 per year. The actual price will change with age, health, and the number of policy years. Avoid whole life insurance products that combine life insurance with investments. Whole life investment insurance is very expensive and aggressively sold by sales people seeking large commissions. Better to buy level term life insurance and do your own investing. Recognize that you won’t need life insurance once you achieve retirement security or financial independence. Good places to start your search are Insure.com and termassistant.com. These companies competitively shop among life insurance companies for you. Make sure to purchase from a life insurance company that is rated A or higher.
Update your beneficiary information in your retirement accounts.
Did you know that your beneficiary designations in your retirement accounts (401K, 403b, IRA, pension, etc) take priority over the wishes of your will? It’s therefore important to review and update your beneficiary information annually. Updating beneficiary information is quite easy today, especially with online accounts. I recommend that you take 30 minutes today and review your beneficiary designations.
Complete a will.
What happens if I don’t complete a will? The courts will appoint an executor who will assign guardianship for your children and distribute your wealth within the limits of the law. Therefore the most important reason to complete a will is to insure that your wishes are executed in a timely manner. Here are examples of important instructions that you can have within a will.
• Naming an executor who will carry out your wishes.
• Naming a guardian to care for your children
• Instructions for distribution of wealth and possessions.
• Instructions for care of your pets.
I recommend a two-step process to setup your will. First complete a will (one for each spouse if married) on your own using an Internet site or standardized legal forms. Completing a will online is easy and quick - the most difficult part is making decisions about your wishes. This will save you money since you will not be paying an attorney by the hour to ask you questions. In my search for a simple and inexpensive online will, I discovered Build A Will. Their process is intuitive and you can complete a will for any state for under $30. Once your will is complete, then have it reviewed by an attorney to both insure that you aren’t missing something significant and to insure that it’s legally binding.
You may also consider setting up a trust if you have significant wealth, have a complicated situation such as a blended family, or want to avoid the risk that your will may be challenged. A trust can’t be challenged as it avoids the court probate process. A trust is best created and maintained with the services of an attorney.
As you can imagine it’s important that a copy of your will is assessable to your attorney (if applicable), your executor, and other close family. It’s also a good idea to review your wishes with your executor to further insure your wishes are carried out.
Complete an advanced directive and identify your healthcare proxy
In addition to your financial wishes, it’s important that your medical wishes are followed. This is best done by completing an advanced directive and naming your healthcare proxy.
You can obtain an advanced directive application at the National Hospice and Palliative Care Organization (NHPCO). After you have completed the forms it’s important provide a copy to your physician, spouse, close family, and friends. Also review your advanced directive with the person who you assign as your healthcare proxy.
It’s advisable to assign a healthcare proxy. This is also known as your durable medical power of attorney. Use a durable medical power of attorney form to identify the person who will make medical choices for you in the event that you cannot.
Give while you are alive
The title is self-explanatory. Giving while you are alive is great way to insure that your wishes are fulfilled. You may also choose to invest in your family legacy by investing in education for your children or grandchildren, contributing to your favorite charities, or creating memories for your heirs by taking them on a vacation.
One key advantage of giving while you are alive is that you can see first hand the benefits. Additionally you can adopt and modify your giving based on the results that you observe.
Life Application
Now is the time to start or improve you estate plan. Completing an estate plan will give you the peace of mind knowing that your wishes will be followed.