ESTATE
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Helping Your Adult Children Plan Their Estates
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GLOSSARY
Durable Power of Attorney
A document authorized by a person called the principal, which grants legal authority to another person, the agent, to act on behalf of the principal. A power of attorney could authorize the agent to write checks, sell property, file tax returns, etc. Under a "durable" power of attorney, the principal authorizes the agent to make decisions (including health care decisions) on his or her behalf in the event the principal is incapacitated.
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GLOSSARY
Living Will (Health Care Proxy)
A document that allows a person to explain in writing which medical treatment he or she wants or doesn't want during a terminal illness. A living will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used in order to die naturally; without the patient's life being artificially prolonged by various medical procedures.
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GLOSSARY
Will
A legal document in which you state where you want your legal assets to go after your death.
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![]() hen your children were little, you worried about what would happen to them if you died - who their guardian would be, where they would live and what kind of adults they would turn out to be without your guidance.
Now they're grown, and fortunately you're still around to help guide them. But just because they're adults doesn't mean you should throw out your old estate plan. You also need to counsel your children about the importance of estate planning on their own.
Here's a step-by-step guide for what you should consider for your estate and how to counsel your children.
1. What you should do for your own estate
n Choosing a trustee.
Your 21-year-old may be more responsible with money than your 30-year-old, and just because your children are adults doesn't mean they can handle the responsibilities that may be thrust upon them at your death. A young adult is usually ill-equipped to be the executor of your will and it may very well be that none of your children, regardless of age, is a good choice. A trusted friend, attorney or institutional executor may be a better idea.
When choosing a trustee, you should never make one sibling the trustee of another's trust. It puts them both in awkward positions. The trustee may be swayed by the beneficiary's emotional pleas for money, when common sense and fiduciary duty says that money should not be distributed.
n Distribution.
How well will your children manage the money that you leave them? If substantial sums are involved, it's wise to have the assets kept in a trust and distributed in thirds at ages 25, 30 and 35. You could also give the trustee wide leeway to provide additional money if needed for such uses as school, business or buying a house.
n Divorce.
Unfortunately, in this day and age, your children's marriages and divorces need to be considered. With the divorce rate hovering around 50 percent, chances are good that at least one of your children will go through a divorce. You would hate to have part of your daughter's inheritance end up in the hands of your ex-son-in-law (or used up in expensive legal fees) if they divorce after your death. A specially- constructed trust could be your daughter's greatest ally in this case.
n Special needs.
Take special care in your estate planning if you have a child who has emotional, mental or physical handicaps. In this case, a trust should definitely be set up for that adult child to make sure that he or she has adequate care after your death, as well as adequate trustee supervision when you're not around to provide such care.
n Student loans.
As adult children struggle with years of education loans, more and more parents are stipulating in their wills that the estate pay off all of the children's educational loans, with the remaining assets to be split among them.
n Grandchildren.
If you have considerable assets and are facing a huge estate tax bite, you may want to consider a generation-skipping trust. In this case, the assets skip your children and go directly to your grandchildren. However, there is a limit of $1 million per donor on the amount of money that can be passed in this fashion. In other words, you and your spouse could each give $1million to your grandchildren; any excess is taxed at 55 percent.
n Gifting.
You can also reduce your estate with annual gifts of $10,000 to anyone you choose (the annual exclusion), and give away assets now to use up your exemption amount ($625,000 in 1998, rising gradually to $1 million in 2006).
Before you give any money away, consider the long life you have ahead of you. Make sure that you have enough money to live independently of your children, either on your own or in a nursing home without having to turn to them for financial help.
2. Counseling your children on estate planning
n Emphasizing the need.
Now that you've dealt with your own estate, it's time to take a quiet role in your children's estate planning. It's the smart parent who sits each adult child down and explains the need for estate planning. If necessary, some parents pay the legal bills in order to ensure the planning is handled properly.
You don't have to know what is in your child's legal documents; you just want to make sure that they have the correct ones. As each of your children encounters a major life event (buying a house, getting married or divorced, or having a child), you should gently remind them to review their estate planning. You need to plant that seed of knowledge that an estate review is required.
n Proper documents.
Every adult needs a will, a durable power of attorney and a health care proxy. One common problem: If your child dies without a will, that child's assets may end up bouncing back to you and then be hit by estate taxes upon your death. Even though your children may be healthy now, an automobile accident may render one of them incapable of making medical and financial decisions, so both a durable power and a health care proxy are critical for each of your adult children.
n Minimizing taxes.
If you have substantial assets, you need a thorough intergenerational estate plan to minimize estate taxes and make sure that all of the options available to you (trusts, gifting, and so on) are used to minimize family assets as they pass through the generations.
n Life insurance.
The life insurance market for college students is a big one and agents love to sell students permanent life insurance policies (usually with premiums that start out low and step up substantially over a period of years). An agent will often use the argument that now that the student is an adult, he should be able to make his own decisions without your interference.
College students do not need permanent life insurance. They need to be saving for the future and working on paying off college loans. With so many recent college graduates earning their keep through waitressing and other menial jobs, these policies are often paid for by the allowance or other money you give your child. When your child graduates and the allowance stops, the policies lapse. Of course, your child had the insurance coverage in the meantime, but the premiums have now been wasted.
Most families don't need sophisticated intergenerational estate planning, unless they have estates worth millions. However, as a parent, you do have the responsibility of continuing to advise your adult child of the need for estate reviews and initial estate planning, where appropriate.
Even though your child has become an adult, you never stop being a parent. Hopefully you can move into the role of trusted adviser instead of dictator.
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