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Estate planning is an important process that helps ensure your assets are managed and distributed according to your wishes, providing you and your loved ones peace of mind. The details of estate planning can sometimes appear overwhelming, but these frequently asked questions summarize the essentials. Whether you are at the very start of the thought process for your estate plan or looking to update an existing plan, you’ll find the following estate planning FAQs to be especially helpful in making decisions to protect your legacy and secure your family’s future.

What is estate planning?

Estate planning is the process of arranging for the management and distribution of your assets during your life and after your death. It includes creating legal documents like wills, trusts, and healthcare directives.

Do I need an estate plan?

Yes, everyone should have an estate plan. It helps ensure that your assets are distributed according to your wishes, and it can provide important guidance for your care in case you become incapacitated.

When should I start estate planning?

It's never too early to start estate planning. Ideally, you should begin as soon as you have assets or dependents to protect. Major life events, such as marriage, the birth of a child, or the acquisition of significant assets, are also good times to create or update your estate plan.

What documents are typically involved in estate planning?

Common documents include a will, trust(s), financial and medical powers of attorney, and healthcare directive. Each serves different purposes in managing your assets and health care decisions.

What happens if I don’t have an estate plan?

Without an estate plan, state laws will determine how your assets are distributed, which may not align with your wishes. Additionally, your family might face longer, more stressful, and more expensive legal processes.

How often should I update my estate plan?

You should review and possibly update your estate plan after major life events like marriage, divorce, the birth of a child, significant changes in financial status, or changes in the law.

What is probate, and why should I try to avoid it?

Probate is the court-supervised process of distributing a deceased person's assets. It can be lengthy and expensive, so many people choose estate planning strategies that bypass probate to expedite and simplify the transfer of assets.

How can I avoid probate?

To avoid probate, you can create a living trust, designate beneficiaries on retirement accounts and life insurance policies, hold assets jointly with the right of survivorship, and use transfer-on-death or payable-on-death designations for bank accounts and securities. These strategies allow assets to pass directly to beneficiaries without going through probate.

Can I do my own estate planning or do I need an attorney?

While simple estate planning can be done on your own, using templates or software, it’s generally advisable to consult with an estate planning attorney to ensure all legal aspects are properly addressed and tailored to your specific circumstances.

What is a will?

A will is a legal document that outlines your wishes regarding the distribution of your assets and the care of any minor children after your death. It allows you to name an executor to manage your estate and ensure your instructions are followed.

What is a living trust?

A living trust is a legal arrangement where you transfer ownership of your assets into a trust during your lifetime. You can manage the trust while you're alive, and after your death, the assets are distributed to your beneficiaries according to your instructions, often avoiding the probate process.

What’s the difference between a will and a trust?

A will is a document that specifies how your assets should be distributed after your death. A trust is a legal arrangement that provides more control over how and when your assets are distributed, and can often help avoid probate.

What is a power of attorney?

A power of attorney is a legal document that grants someone else the authority to act on your behalf in financial or health-related matters if you are unable to do so.

What is a durable power of attorney?

A durable power of attorney is a legal document that grants someone you trust (your agent) the authority to manage your financial and legal affairs if you become incapacitated. The "durable" aspect means the document remains in effect even if you become mentally or physically unable to make decisions.

What is a healthcare power of attorney?

A healthcare power of attorney is a legal document that designates someone you trust (your healthcare agent or proxy) to make medical decisions on your behalf if you are unable to do so. This can include your preferences for life support, pain management, and other medical treatments. This document ensures your healthcare preferences are honored and provides guidance to medical professionals and family members during critical times. 

What is an advance healthcare directive (living will)?

An advance healthcare directive, also known as a living will, is a legal document that outlines your preferences for medical treatment if you become incapacitated and unable to communicate your wishes. It can include instructions on life-sustaining treatments, resuscitation, and other medical interventions.

What should I consider when planning for long-term care?

When planning for long-term care, consider factors such as the potential need for nursing home or in-home care, associated costs, and how to finance them. Options include long-term care insurance, Medicaid planning, setting aside savings, and using trusts to protect assets and qualify for government benefits. Consulting with an estate planning attorney can help you develop a comprehensive plan.

What is an irrevocable trust?

An irrevocable trust is a type of trust that cannot be altered, amended, or revoked by the grantor once it is established. Assets transferred into an irrevocable trust are no longer considered the grantor's property, which can help protect them from creditors and reduce estate taxes.

What is a special needs trust?

A special needs trust is a legal arrangement that allows you to provide for a beneficiary with disabilities without affecting their eligibility for government benefits. The trust holds assets for the beneficiary's benefit, supplementing their needs while preserving their access to essential public assistance programs.

What is a charitable trust?

A charitable trust is a legal arrangement that allows you to donate assets to a charitable organization while receiving potential tax benefits. Charitable trusts can provide income to the donor or beneficiaries for a specified period before the remaining assets are transferred to the charity.

How should I handle gifts in my estate plan?

When planning to give gifts through your estate, consider specifying the amounts and recipients in your will or trust. If you plan to give significant gifts, it may be beneficial to do so during your lifetime to take advantage of annual tax exemptions. Additionally, for charitable gifts, setting up a charitable trust or designating a charity as a beneficiary can ensure your philanthropic goals are met while potentially providing tax benefits.

How do I choose a guardian for my children?

When choosing a guardian, consider someone who shares your values and parenting style, is financially stable, and is willing and able to take on the responsibility. It's also wise to discuss the possibility with them before designating them as a guardian in your estate plan.

Can my children's guardian manage their finances?

Typically, a guardian manages daily care and decisions for minors, but not necessarily their finances. If you want the same person to manage both personal and financial matters, you should specify this in your estate plan, possibly by setting up a trust with the guardian as trustee.

What happens if a designated guardian is unable to serve?

It’s a good idea to name an alternate guardian in your estate plan. This ensures that if your primary choice is unable to serve, there is another trusted individual ready to step in without court intervention.

How can I protect my estate from creditors?

To protect your estate from creditors, you can use strategies such as creating irrevocable trusts, transferring assets to family members, and using legal exemptions. It's essential to work with an estate planning attorney to develop a plan that complies with state laws and effectively shields your assets.

What is a beneficiary designation?

A beneficiary designation is a provision in financial accounts, insurance policies, and retirement plans that names the individual or entity to receive the assets upon your death. Beneficiary designations override instructions in a will and can help assets pass directly to the named beneficiaries without going through probate.

How do I choose an executor for my will?

Choosing an executor for your will involves selecting a trustworthy, responsible, and organized individual who can manage your estate's affairs after your death. The executor's duties include gathering assets, paying debts and taxes, and distributing assets to beneficiaries. It's important to discuss the role with the chosen person to ensure they are willing and able to serve.

What are the tax implications of estate planning?

Estate planning can have significant tax implications, including potential estate, gift, and inheritance taxes. Proper planning can help minimize these taxes through strategies such as gifting, creating trusts, and taking advantage of tax exemptions and deductions. Consulting with an estate planning attorney or tax advisor is essential to optimize tax benefits.

How do I include my online accounts and digital assets in my estate plan?

To include your online accounts and digital assets in your estate plan, you should first make a list of all such assets, including social media accounts, digital wallets, and online banking accounts. Provide a trusted designee with legal access to your usernames and passwords, either directly or through a secure digital estate planning service. Additionally, specify your wishes for each account, whether you want them closed, maintained, or transferred to someone else.

What role does a prenuptial agreement play in estate planning?

A prenuptial agreement can clarify what happens to your and your spouse's assets in the event of death or divorce, affecting how your estate is distributed. It's important to ensure that your estate plan and prenuptial agreement don't conflict and that both are updated as needed to reflect your current wishes and circumstances.

How can I ensure my pets are taken care of after I'm gone?

You can include provisions for your pets in your will or set up a pet trust. A pet trust allows you to allocate funds and specify a caretaker for your pets, ensuring they are cared for according to your wishes.

Get Help With Estate Planning in Tulsa

Every estate plan should reflect your goals, family needs, and Oklahoma law. If you’re unsure where to start or have questions not answered above, the attorneys at Schaffer Herring PLLC are here to help.

We assist individuals and families throughout Tulsa, Jenks, Bixby, Broken Arrow, and nearby communities with wills, trusts, powers of attorney, advance directives, and more. Whether you need a simple will or a complex trust-based plan, we can guide you through every step with clarity and care.

Schedule a consultation today to discuss your estate planning options and create a plan that works for you and your loved ones.

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