Wills and Trusts | blog.firstffcu.com

In addition to a power of attorney, there are several other documents that are critical to consider when getting your estate in order. Estate planning is the process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. The main benefit of estate planning is that it ensures your wishes are carried out when you are no longer able to do so, making you feel more organized and confident that your loved ones won’t be unnecessarily burdened in the future. We will discuss some of the potential benefits of specific documents that can be included in an estate plan, such as a will, living will, and trust – as well as revisit some of the benefits of a power of attorney.

Wills

A Will is a legal document that outlines how you’d like your assets distributed after your death. It allows you to name an executor who will manage your estate, pay any debt and distribute your assets. You can also designate guardians for minor children. For business owners, a will can help successfully and efficiently transition assets.

A main benefit of a will is that although it does not avoid the probate process, it can make things much easier. Legally speaking, anything that speeds up the process of physical asset distribution can minimize fees and make things easier for everyone involved. It can also eliminate any potential family disputes over who gets which assets. However, it’s important to remember that a will is only a roadmap. It’s best to make sure that all of your financial assets and valuable possessions (like a home or a car) have beneficiaries named in other documents besides the will.

Living Wills

A living will, also known as an advanced healthcare directive, states your wishes regarding life-prolonging medical treatments. It comes into play only when an individual faces a life-threatening condition and is unable to communicate their desires for treatment.

One of the main benefits of a living will is that it speaks for you when you become incapacitated or unable to communicate – it states your desires for medical treatment if you are unable to make those decisions yourself. Without a living will, decisions regarding medical care become the responsibility of a spouse, family members, or other third parties. These individuals may be unaware of your desires if they are unwritten.¹

Trusts

A trust is a legal entity that can “own” assets. The document looks much like a will, and includes instructions for who is to handle final affairs and who is to receive the deceased’s assets. There are many types of trusts.

Today, many people use a revocable living trust instead of a will in their estate plan because of this benefit – it avoids court interference at death and at incapacity. For a living trust to work properly, you must transfer your assets into it. Titles must be changed from your “individual” name to the name of your trust. Because your name is no longer on any titles, there is no reason for the court to get involved if you become incapacitated or when you pass away. This makes it easy for a trustee or successor trustee, to step in and manage your financial affairs. Another benefit of a trust is that it is private, whereas a will is not because it goes into public records.

Power of Attorney

Typically, a power of attorney (POA) is a document that authorizes someone to handle financial and some legal decisions when you become incapacitated. Anyone you trust, such as a family member or friend, can serve in this role for you. You can even designate more than one person, assigning different responsibilities to each.

It’s important to have a power of attorney, because it will allow the person you assign to act on your behalf when you are unable to do so yourself. Without a power of attorney, a court may be left to decide what happens to your assets if you are found to be mentally incompetent, and the court’s decision may not be what you intended. A POA can give your agent the power to transact real estate, perform financial transactions, and make other legal decisions as if he or she were you. It’s important to reiterate that you assign this person – meaning you can select a person whom you believe will be able to carry out your wishes and ensure your affairs are kept in order.

Estate plans are not “one-size-fits-all.” It is up to you to determine which components are best for you and your loved ones. Although it might feel overwhelming, starting with one or many of these items will give you peace of mind in knowing you have taken the first step to creating your estate plan.

Should you be thinking about your financial future and retirement, as well as estate planning – the First Financial Investment & Retirement Center will be hosting an exclusive no-cost virtual seminar on the Transitions to Retirement featuring a bonus segment on Estate Planning, on Wednesday, October 8^th at 6pm.

(697533-1 and 622155)

You can register for this session from the link above or by contacting Maureen McGreevy, LPL Financial Advisor at 732.312.1534 or emailing maureen.mcgreevy@lplfinancial.com

Securities and advisory services are offered through LPL Financial (LPL), a registered investment advisor and broker/dealer (member FINRA/SIPC). Insurance products are offered through LPL or its licensed affiliates. First Financial Federal Credit Union (FFFCU) and First Financial Investment & Retirement Center are not registered as a broker/dealer or investment advisor. Registered representatives of LPL offer products and services using First Financial Investment & Retirement Center, and may also be employees of FFFCU. These products and services are being offered through LPL or its affiliates, which are separate entities from and not affiliates of FFFCU or First Financial Investment & Retirement Center.

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This information is not intended to be a substitute for individualized legal advice or estate planning advice. Please consult your legal or estate planning advisor regarding your specific situation.

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