Michael V. McIntire
Estate Planning

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WHAT AN ESTATE PLAN COVERS

An estate plan encompasses TWO basic elements, with subparts. They are:

1. Planning for life with disability. (Here, disability means mental impairment such that you are unable to manage your financial and property affairs ). This planning includes:

  • A. Control of how and where you live, what you can do and other aspects which give your life quality and enjoyment.
     
  • B. Protection and control of how your assets and property are to be used, and limitations on what uses of your property are prohibited.
     
  • C. Control of the decisions affecting your healthcare.
     
  • D. End of life decisions, including how and where you wish to die.

2. Controlling the disposition of your assets after your death.

  • A. If married, and your spouse survives you, an estate plan
    • 1. Protects your assets for your spouse’s use, from claims of creditors and from lawsuits, and from other persons claiming to be your beneficiaries.
       
    • 2. Controls the nature and extent of distributions to other beneficiaries while your spouse is alive.

    • 3. Protects your spouse and your assets from the costs and complications of Probate ( ie, avoiding the necessity of involving courts in the disposition of your estate )
       
    • 4. Protects your property from possible estate tax levies.
       
    • 5. Protects your heirs in event spouse remarries.
  • B. If unmarried, or upon the death of the second spouse to die, your estate plan
    • 1. Controls the distributions of your property to the people you choose, in the manner you choose and at the time you choose.
       
    • 2. Assures your assets will benefit those you wish to benefit in the event of
  • a. Divorce of a beneficiary
  • b. Remarriage of a beneficiary
  • c. Lawsuits and claims of creditors against your beneficiary
  • d. Disability of your beneficiary, including addictions.


[Healthcare Planning-Advance Directive] [Protecting Yourself During Your Disability] [Protecting your Loved Ones after Death] [Providing for your Minor Children]

 

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Last modified: 12/20/05