Few
people relish estate planning. After all, deciding how you want your
assets distributed after you die can serve as an unnerving reminder
of your mortality. But there are plenty of reasons to tackle the task
with some enthusiasm:
-
You
get to name the people to whom you wish to give your assets and know
that your wishes carry the word of law.
-
You
can arrange it so that taxes siphon as little from your pot of gold
as possible.
-
And
you have the satisfaction of knowing that your financial affairs are
in order and that you're not bequeathing a costly administrative
nightmare to your loved ones.
Your
first step? Take stock of all your assets. These include your
investments, retirement accounts, insurance policies, real
estate
and any business interests.
Next, decide what you want to
achieve with those assets and who you want to inherit them. This is
also the time to think about people you would trust to handle your
business affairs and medical care in the event that you become
incapacitated.
Once you decide what kinds of bequests you wish
to make, be sure to discuss your plans with your heirs. The sooner
and more distinctly you outline your intentions to your family and
friends, the less chance there will be for disagreements when you're
gone.
"If you treat your wealth as a hidden kingdom, a
box that no one can open until you're gone, you're setting your
family up for disaster," says Norman Ross of the Ross Companies,
a New York estate-planning and benefits consulting firm.
In
creating your estate plan, keep in mind that the laws governing
estate
planning
are not set in stone. In fact, the Tax Relief Act of 2001 made
several sweeping changes that are being phased in over a 10-year
period. They include:
-
A
gradual increase in the estate tax exemption (i.e., the amount of
money you may leave heirs free from federal tax) and the eventual
repeal of the estate tax;
-
A
reduction in the estate and gift-tax
rates
- the top rate is as low as 45 percent through 2009, down from 55
percent in 2001;
-
The
gradual repeal of the federal credit for estate taxes paid to a
state government; and
-
A
revision in how the tax basis of inherited assets is calculated.
It's
a complex law made more complicated because it sunsets at the end of
2010. Between now and then, Congress may pass other measures that
either extend provisions in the Act or eradicate them.
What
that means is estate planning has become far more complicated for
people with sizable estates, and having a trusted and competent
estate-planning lawyer is essential if you wish to protect as much of
your assets from Uncle Sam (and your state tax collector) as
possible. Such a lawyer can create legal documents, offer advice,
keep your estate plan current with new laws and help administer the
disposition of assets.
Estate
Tax Exemptions Increase
2002-
$1 Million
2003
- $1 Million
2004
- $1.5 Million
2005-
$1.5 Million
2006-
$2 Million
2007-
$2 Million
2008-
$2 Million
2009
- $3.5 Million
2010
- Estate Tax Repealed*
Unless
the law is passed to extend the estate tax repeal beyond 2010, come
2011 it will revert back to $1 Million.