Posts belonging to Category 'Estate Planning'

Definition and Scope of an Estate

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The term ‘estate’ has a variety of meanings depending on the context of use. It might refer to the total worth of a person minus his/her liabilities. It might also refer to land or some other kinds of property. This term is of paramount significance when used in the context of bankruptcy or a person’s death. In general terms, it can be defined as a person’s assets per se.

In Circumstance of Probate

An estate when scrutinized in the context of probate passes as any property (personal and real) that was owned by a particular person at the onset of death. Assets that pass on automatically to the beneficiary e.g. segregated funds and paid on death (P.O.D) bank accounts are not included or considered to be part of the estate of the deceased. Furthermore, any life insurance that the deceased possessed and which had a beneficiary named on the policy proceeds does not also form part of the deceased’s estate. They automatically go to the beneficiary. Other funds that are not classified under the deceased’s estate include superannuation’s death benefits. They go directly to the designated dependent.

The Impact of Death

The death of any person elicits the emergence into the scene of two people. These people come about depending on how the deceased left his/her affairs. If a will had been drafted, then the person to take care of the estate is referred to as the executor. If the deceased did not leave a will, then his/her estate will be distributed according to the laws of that particular state. This is referred to as intestacy and the person in charge of the estate under these circumstances is the administrator. Both the administrator and the executor make sure that the estate in question is well managed by taking care of liabilities and expenses. They also make sure those instructions as laid down in the will or by the law are followed meticulously.

Under bankruptcy conditions, an estate belonging to a particular bankrupt individual encompasses all assets available for disposal to creditors. A trustee in bankruptcy administers the estate.

Estate Planning in Philadelphia

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For Estate Planning in Philadelphia, read the article below:

Plans that involve scheming out how your assets will be utilized during your lifetime and after your death is a vital process that definitely requires legal advice at its best. Estate planning principally deals with the procedures involved in asset distribution of an individual, group etc. It is important to set aside resources for your care in the long term. You might also be considering leaving a part of your estate to charitable organizations in order to aid in their cause. In the event that you are unable to administer your estate maybe due to illness or disability, you might need to appoint an estate manager to do so on your behalf. A good estate plan can include any of these provisions therein. This can be done with great ease in consultation with an estate lawyer.

Benefits of estate planning Philadelphia are many and varied. An estate plan ensures that your assets and wealth are distributed according to your wishes as opposed to a court’s ruling. Upon death, there arise a number of issues concerning your estate especially legal ones. These may include who gets what among your heirs, charitable donations, tax handling and property transfers. These are the most common issues of a legal nature that are prone to arise upon death though there may be many more. Seasoned and competent estate planning attorneys can be of great help in ensuring that your assets end up with your preferred heirs. These plans ensure a seamless, efficient and quick distribution of assets. Estate attorneys help their clients to determine efficient executors of their estate in case of death.

Estate plans ensure the minimization of taxes pegged on the estate. This they accomplish through allocating the maximum allowable value to the various beneficiaries. Business owners can ensure the smooth succession and continuation of business activities by laying out a plan for succession of income and distribution of the same.

Estate planning Philadelphia just like in any other parts of the world requires maximum attention to detail. Effects of poor planning on the overall state of the estate can be severely dire. One of these dire situations is that the estate ends up in probate. Probate is a process that you would be well advised to avoid at all costs. In such a situation, a court of law critically examines the will and acts accordingly. In the event that there is no will whatsoever, the court divides up the assets in a way that it deems best. Probate is expensive and time consuming. Engage estate planners and have guaranteed peace for your loved ones.

Philadelphia Estate Planning

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If you are from Philadelphia, Estate Planning may be interesting to you. Most people associate legal wills with estate planning. Estate planning involves writing a will but it covers a much wider scope apart from will writing. Overly it can be said to be procedures that ensure your loved ones or heirs avoid probate, minimize taxes and that you come up with a living will in which you get to appoint trusted associates who assume executor status as well as power of attorney in case of death or incapacitation. Estate planning also guarantees you of direct management of your assets in the event that you die. The first priority of any estate planner is to ensure that only the least part of the estate goes to the taxman.

In the US and other countries, death usually attracts taxes which are specific in nature from the Federal and state governments like estate tax and death tax. Minimization of estate tax is best achieved by incorporating recipients of your assets in your will and specifying that a particular amount has been given as a gift. While at this, take care not to exceed the lifetime tax free gift limit of $1 million.

Estate planning Philadelphia demands that a living will be included in the estate plan. You should however note that a living will is not thought of as a legally binding document. Despite this, a living will is given priority in the case of incapacitation or inability to make decisions or carry out legal rights. You can go ahead and appoint someone to actually assume your EPA or enduring power of attorney. Your EPA is only challengeable by a court of law. The will forms the foundation of any estate plan. This is clearly exhibited in the case of death without a will. The state will be obligated to distribute your assets as per the set laws of the state according to probate. This will be followed by hefty taxation usually the maximum amount possible due to the fact that the assets have no clear status designation.

In such a case, the remaining spouse is only entitled to one third of the entire estate while the rest goes to the children. An estate plan takes care of among other issues that the inheritance bequeathed to a child goes expressly to him/her as opposed to the child’s spouse. In the event that your child divorces, his or her inheritance is excluded from that settlement as it is not a shared asset of that union.

Estate planning also ensures that your property should it be of significant value is not shared up and sold. This is termed as prevention of asset division. This is done through the establishment of a family trust. Estate planning is an overly good idea as it guarantees your loved ones peace of mind once you are gone.

Estate Planning Philadelphia

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If you are looking for Estate Planning, Philadelphia is a great city for real estate. Estate planning can basically be said to be a process in which there is accumulation and disposal of wealth and assets before the death of the owner who might be an individual or a group. The aim of estate planning is to ensure a maximization of the estate owner’s wealth. The overall goal of estate planning is to ensure that a bulk of the estate goes to the beneficiaries in line with the wishes of the estate owner. While at this, estate planners also ensure that they pay the least amount in taxes. You may want to ask yourself why you need estate planning. Below are solid reasons why you might want to consult an estate planner during the course of your life.

When most people are in their youth, they are in pursuit of wealth accumulation through the use of different investment vehicles. At later stages in your life, you get married and have children. Estate planning Philadelphia comes in at this juncture by ensuring that your estate and wealth that you have painstakingly built over the years are passed on to your beneficiaries while you still roam this earth. A will ensures that your family is the beneficiary to your estate as opposed to having a court of law decide who gets what when you happen to die without a will. While at this, estate planners also ensure that you get to pay the least amount of taxes. Life insurance can be said to be an integral part of estate planning as it is not eligible for taxation and is therefore used in most cases to foot taxes where applicable for your intended beneficiaries.

The whole process and purpose of estate planning can be laid down in several steps. The first one is to set the objective. Having a good objectivity can aid in the maximization of wealth accumulation through sound financial planning and distribution of the same with the lowest taxes applicable. The second step involves collection and analysis of all your financial data to exactly come up with the liquidate status of your estate. This is a pointer as to the ability of the estate to take care of its obligations. The third step involves coming up with watertight strategies for asset transfers to your estate while you are still alive and strategies to accomplish the same while you are gone.

Implementation of the above is the fifth step in estate planning. This takes care of hiccups which might occur in the initial stages of the plan. It also ensures that your will is carried according to the last letter of your instructions. This will also entail choosing guardians and executors in the case of a living will as well as power of attorney.