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How will your assets pass to others
at your death?
- Probate assets pass by Will
All assets owned individually or as a tenant in common will be
transferred according to the terms of your will. If you have
not executed a will, state law will direct how your assets are
distributed (What
Happens to the Decedent's Property When there is No Will?).
All these assets will pass through the probate process, which
may add cost and delay to the settlement of your estate and will
make your property a matter of public record.
- Some assets pass by virtue
of joint ownership
Property that is owned as joint property with the right of survivorship
(such as real estate or joint bank accounts) will pass directly
to the joint owner free of the probate process.
- Some third party assets pass
free of the probate process
Contracts (such as qualified retirement plans, IRAs, life insurance
contracts, or annuities) pass their proceeds directly to the
named beneficiary. Care should be taken that the beneficiaries
named in these contracts are appropriate since these pass outside
the will and the probate process. Careful consideration needs
to be given to the age, maturity and solvency of potential beneficiaries.
- Some assets pass by Trust
Assets that are owned in trust pass to beneficiaries according
to the trust's terms. There are many types of trusts that may
be appropriate for an individual's estate planning needs. Trusts
must be carefully constructed to be certain that your wishes
are carried out in the most cost-effective way.
ESTATE PLANNING QUESTIONNAIRE: Effective
estate planning requires that all relevant information concerning
your personal, family and financial situation be assembled. This
form as been prepared to aid you in organizing that information.
If insufficient space is provided for any information, please
include it on a separate sheet.
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