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INTRO: Well intentioned people are frequently short-sighted when it comes to estate planning. In this article, I’ve highlighted a few common types of estate planning myopia that can lead to significant problems. These include failing to fully fund one’s revocable living trust and neglecting to submit beneficiary designations (or submitting ones that are not optimal) for retirement plans and life insurance. As always, I’m available to help you and your loved ones avoid the detriment that can result from such myopia by helping you plan and keep your plan updated. Be well, stay dry, and enjoy the sunshine when it visits!
Over the years, I’ve encountered many situations in which clients, regardless of best intentions, have been myopic. In this context, let’s define myopia as a lack of foresight or discernment (or narrow-mindedness). Unfortunately, myopia often leads to unnecessary cost and inconvenience, if not also unintended consequences.
Here are two common examples of myopia in the world of estate planning:
1) Failing to fully fund a Revocable Living Trust: One of the most valuable benefits of a Living Trust is probate avoidance – avoiding this expensive and inconvenient court-supervised estate administration process.
Often, a Living Trust is established by a person or couple who keeps significant assets (e.g. bank or securities accounts) in their own name(s). Conveniently, an account co-owned by spouses will, on the death of the first spouse, be automatically owned by the surviving spouse. The problem is that probate is not avoided if the account is still held in the surviving spouse’s name when the surviving spouse dies. The negative consequences tend to be much more severe when people don’t transfer title of their real estate into their Living Trust.
The preparation and execution of a Living Trust is only the first step. In order to avoid probate, one must accomplish the second step – retitling all or substantially all assets into the Living Trust. With advice and assistance from a knowledgeable estate planning attorney, the “trust funding” (title transfer) process is typically straightforward and quite manageable. Nevertheless, if this is not done or is not done correctly, it can result in considerable hassle and tens of thousands of dollars in unnecessary probate fees and costs to loved ones.
PART TWO: Rob explains the second common example of myopia in the world of estate planning.
This article is intended to provide information of a general nature, and should not be relied upon as legal, tax, financial and/or business advice. Readers should obtain and rely upon specific advice only from their own qualified professional advisors. This communication is not intended or written to be used, for the purpose of: i) avoiding penalties under the Internal Revenue Code; or ii) promoting, marketing, or recommending to another party any matters addressed herein.
Mr. Silverman is an attorney with R. Silverman Law Group, 1855 Olympic Blvd., Suite 125, Walnut Creek, CA 94596; (925) 705-4474; rsilverman@rsilvermanlaw.com.
ESTATE LEGAL SERVICES: Need to find an estate planning attorney in Walnut Creek CA? Contact Robert Silverman at 925-705-4474 for legal advice on Revocable Living Trust, Wills, Durable Power of Attorney, Advance Health Care Directive, Special Needs Trusts, and Irrevocable Trusts & Advanced Estate Planning, including Irrevocable Life Insurance Trust (ILIT), Qualified Personal Residence Trust (QPRT), Defective Grantor Trust (IDGT), Grantor Retained Annuity Trust (GRAT), “Crummey Trust”, and various types of Charitable Trusts.