Estate Planning Explained

By Hampton & Pigott
Posted on 4-11-2023

Estate planning is an important process that involves making arrangements for the transfer of one's assets and wealth to their beneficiaries after their death. But what are the specifics regarding this process? At Hampton & Pigott, our attorneys have been happy to make this somewhat stressful process easier to understand and easier to navigate for many families. One of the ways we do this is simply by giving our clients the knowledge they need to move ahead with confidence. Which is why today, we want to answer some of the most commonly asked questions that we hear regarding estate planning so that you can have a confidence should you need to plan your estate.

What is Estate Planning?

What does it even mean to plan an estate? As we touched on before, estate planning is the process of making arrangements for the distribution of one's assets and wealth after their death. This includes preparing a will, establishing trusts, designating beneficiaries, and making arrangements for the management of one's assets and debts.

Why is Estate Planning Important?

Estate planning is important for several reasons. For one, it ensures that your assets are distributed according to your wishes after your death. It can also help reduce the tax burden on your beneficiaries and provide for the management of your assets and debts. In addition, estate planning can help avoid family disputes and legal challenges to the distribution of your assets.

When Should I Start Estate Planning?

It is recommended that you start estate planning as early as possible, regardless of your age or the size of your estate. No one knows what the next day holds and this ensures that your assets are distributed according to your wishes and it can help avoid disputes and legal challenges, even if something unexpected happens. It is also important to review your estate plan periodically to ensure that it is up to date and reflects your current wishes.

What Documents are Needed for an Estate Plan?

The documents needed for an estate plan include a will, durable power of attorney, healthcare power of attorney, and living will. Depending on the size and complexity of your estate, you may also need to establish trusts or make other arrangements for the management of your assets.

What is a Will?

A will is a legal document that specifies how your assets will be distributed after your death. It can also designate guardians for minor children and name an executor to manage the distribution of your assets. A will can be modified or updated at any time during your lifetime.

What is a Trust?

A trust is a legal entity that can hold and manage assets on behalf of beneficiaries. There are several types of trusts, including revocable living trusts, irrevocable trusts, and charitable trusts. Trusts can help minimize estate taxes, avoid probate, and provide for the long-term management of your assets.

What is Probate?

Probate is the legal process by which a court oversees the distribution of a deceased person's assets. Probate can be time-consuming and expensive, and it is generally recommended to avoid it if possible, through proper estate planning.

Anything can seem daunting when you are not familiar with it. Hopefully by answering some commonly asked questions regarding estate planning, you have become more familiar with the terms and processes involved. If you are ready to start planning your estate or you are wanting help revising your estate plan, our attorneys would be more than happy to assist you. Give Hampton & Pigott a call today to get started.