Estate Planning Process – Legal & Financial Decisions
Note
Exam Relevance: Describe the steps in the Estate Planning Process. Focus on the role of the "Executor".
Introduction
Estate planning is not a one-time event (writing a Will) but a process. It ensures your hard-earned legacy survives you.
Step 1: Identification of Assets (The Inventory)
- Action: List down everything (as discussed in the previous chapter).
- Detail: Include policy numbers, bank account numbers, and exact location of property deeds.
- Valuation: Estimate crucial current value.
Step 2: Identification of Beneficiaries (The Who)
- Who gets what?: Decide distribution.
- Wife: House + 50% Cash.
- Son: 25% Cash.
- Daughter: 25% Cash.
- Contingency: What if the beneficiary dies before you? (Name a secondary beneficiary).
- Special Needs: If a child is disabled, you may need a Trust instead of direct cash.
Step 3: Selection of Executor (The Manager)
- Definition: An Executor is the person named in the Will who is responsible for carrying out your instructions.
- Duties:
- Collect assets.
- Pay debts/taxes.
- Distribute remainder to heirs.
- Choice: Choose someone younger, trustworthy, and financially literate. Can be a family member or a professional (Lawyer).
Step 4: Formulation of Tools (The How)
Choose the legal instrument:
- Will: The most common and simple tool.
- Trust: For complex needs / minor children.
- Power of Attorney (PoA): For managing assets while you are alive but incapacitated (e.g., Coma).
- Joint Ownership: Adding spouse as "Joint holder" with "Either or Survivor" mode.
Step 5: Drafting & Review (The Execution)
- Drafting: Write the Will. (Lawyer recommended but not mandatory).
- Witnessing: Must be signed by the Testator (You) and Two Witnesses.
- Medical Certificate: A doctor's note saying you are of sound mind adds validity.
- Registration: Optional but Recommended to avoid fraud.
The Role of Trust in Estate Planning
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Summary
- Inventory: Know what you own.
- Executor: The captain of the ship after you leave. Choose wisely.
- Beneficiaries: Be clear to avoid fighting.
- Update: Marriage, Divorce, Birth – update the Will (Codicil).
Quiz Time! 🎯
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Next Chapter: Common Excuses for Not Writing a Will! 🙈