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When organizing
your estate, there are a number of items you need to consider. If
you have minor children, your decisions today could have long-term
effects on their lives. For single individuals, this is a much easier
process.
Decisions
you need to consider…
- If there
are no wills, one should be written first. Even if you write one
yourself and have it witnessed, you’re better off than having
no will at all. If you have a will - does it still accomplish
what you want and need?
- Who will
be executor - should it be a family member, a friend, an independent
company, or an advisor? Your choice of executor is extremely important.
This person will have a number of tasks to do such as liquidating
assets, filing taxes, dealing with banks, businesses, creditors,
lawyers, government agencies, grieving relatives etc. A good Executor
needs to be a decision maker, a diplomat, and a detail oriented
person. Executors often suffer harsh criticism from heirs for
the decisions they make, so pick this person carefully. For a
full description of the executor, click here.
- Who will
be the guardian of any minor children and is there money for supporting
them? The guardian of your children may be the same person as
the executor of your will, or could be different. A trustee can
also be appointed to handle your minor children’s’
estate. This may be the executor, the guardian, or someone else.
Make sure that your wishes are clearly outlined in your will and
that the executor/trustee has the discretion to meet both these
and any unexpected needs.
- How you want
your estate handled - who will get what, how will debts be handled,
should insurance benefits be paid out in cash or in installments
or some mix of both.
- Naming heirs
- be careful when specifically naming your children. It is sometimes
better to state you want all your legal children, or all your
legal children with your wife, to share equally. This is especially
important when there is a possibility of more children and wills,
insurance, etc. not being updated. Remember also when naming minor
children as heirs that a trustee must be appointed for them to
handle the money until they are of age.
- Do you have
special circumstances that need to be dealt with - disabled children,
elderly parents, etc.?
- Would a terminal
illness deplete the inheritance or support money? Critical illness
insurance may be one of the options for this.
- Plan for
how you want your care handled in old age. Long-term care programs
can help you with this.
Things you need in a safe place such a locking fireproof box:
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Copies of all
charge cards - if you purchased any promotional insurance benefits,
this is where you should keep the copies.
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Up-to-date list
of all bank accounts - where, name, number, any other pertinent
information.
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Birth Certificate
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Social insurance
card - either original or copy
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Safety Deposit
boxes
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Copy of all
wills
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Copies of “ownership
papers” - home, car, all assets.
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Copy of all
mortgage documents and debts.
Copy of employer
Group benefits
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Medical number
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Tax returns
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All insurance
contracts including any promotional benefits purchased.
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Lawyer’s
name and phone number
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Accountant’s
name and phone number.
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List of people
who would need to be notified if anything happened to you.
Business owners, partners and entrepreneurs…
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In addition
to the above requirement:
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Buy/sell agreements
should be in place, current and funded covering death, disability,
retirement and buy-out.
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Insurance policies
designated to fund buy/sell agreements should one be used for company
debts. Company debt should be insured separately (potential write
off if structured properly) so debt is not inherited or depletes
the planned cash for a buy-out. Funding for buy/sell agreements
should not be assigned to cover company debts. This defeats the
purpose of a buy/sell and can actually cause a fire sale to an active,
profitable business when the buy/sell is triggered and there is
no money.
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Plan for the
possible loss of a partner or key person who could cause a financial
drain on the company, effect the profit levels of a company, or
loss of key clients.
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