Don’t Take Your Estate Planning Lying Down

You may have heard a variation of the urban legend that has the departed loved one suddenly sitting up in the casket at a funeral. You may have heard it, but it likely isn’t true, according to the Web site for Dimond and Sons Silver Bell Chapel. "Dead people do not sit up or do anything else," writes Donald C. Dimond II. That includes planning for the distribution of their estate. The moral of the story? Do your estate planning now. You not only can’t take it with you, you can’t tell your heirs how you want to divide it up once you’re gone, either.

And, if you don’t plan your estate, the state will be happy to do it for you -- but it most likely will not turn out the way you would have wished. Everyone needs an estate plan, regardless of the size of your assets. An estate plan is simply a blueprint for making your assets last over your lifetime, as well as for making sure that whatever is left passes along according to your wishes. Remember, an estate is more than just money. It also includes family heirlooms and other items that might have more sentimental than monetary value to your family.

If you die without a will, or "intestate," the division and distribution of your estate is governed by your state’s laws. A court will decide who will inherit your property. "This is a sure way to create problems and expenses due to probate laws, state laws and court appointed strangers making family decisions," says Jack Rittenhouse, incoming president of NAEPC, the National Association of Estate Planners & Councils.

You can make it much easier on your family by taking a few simple steps to make sure your estate is in order. You need to put your intentions in writing, either in a basic will or a will plus the trust documents that will be needed to carry out your wishes. You should also consider a durable financial power of attorney and medical power of attorney. You may also want to draw up a living will.

An estate planning professional can help you make the best decisions for your situation. To find a qualified estate planner, check with your state or local bar association for a local Certified Estate Planning attorney, or try the state CPA association. NAEPC offers a list of members who have earned the special designations AEP (Accredited Estate Planner) and EPLS (Estate Planner Law Specialist). "An estate planner will ensure that you give what you want to whom you want to receive it, while saving every tax dollar, professional fee and court cost that is legally possible," says Rittenhouse.

Once you have a plan in place, discuss it with your family. That way, you can make sure everyone understands the details and any questions or objections can be discussed. While your family shouldn’t dictate your actions, they should be informed about them. Putting together an estate plan is not as daunting as it might seem at first, and it pays big dividends in the long run.

For more information on the National Association of Estate Planners and Councils, or to find an Accredited Estate Planner (AEP) near you, visit www.naepc.org or call NAEPC toll-free at (866) 226-2224.

EDITOR’S NOTE: The National Association of Estate Planners and Councils (NAEPC) is a national organization of professional estate planners and affiliated Estate Planning councils focused on establishing and monitoring the highest professional and educational standards. NAEPC offers public awareness of the quality services rendered by professionals who meet these standards. NAEPC builds a team approach involving cross-professional disciplines to better serve the public’s need in estate planning.