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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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