Article · Wills and Estates

The Documents That Do the Work: What an Estate Plan Actually Accomplishes

29 U.S.C. § 1055

Type
Article
Jurisdiction
National
Date
2023-09-26
Topic
Wills and Estates

Most people think an estate plan is a will, and most people are wrong in a way that costs their families money and months. This article explains what each document in an estate plan actually does, which asset each one controls, and why the beneficiary form on a retirement account defeats the will that mentions it by name. It covers the two very different jobs a plan performs — managing incapacity while you are alive and moving property after you die — and explains why the incapacity half is the half that gets used. It walks through wills, revocable trusts, powers of attorney, health care documents, and the non-probate transfers that move most American wealth. It explains what a trust does and does not do, why an unfunded trust is an expensive folder, and how the federal estate tax actually applies to almost nobody while the income tax basis rules apply to nearly everyone. It closes with the maintenance schedule that keeps a plan from quietly becoming wrong.

The Documents That Do the Work: What an Estate Plan Actually Accomplishes

Wills and Estates > Trusts and Estate Planning | Published 26 September 2023 - Updated 6 September 2024 | UpLaw - uplaw.us

Here is a scene that plays out in law offices constantly.

A family arrives after a death carrying a folder. Inside is a will, executed nine years ago, professionally drafted, properly witnessed, and entirely clear. It leaves everything equally to three children.

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