As a physician, you have dedicated your career to the well-being of others, but it's important not to overlook your own long-term financial and personal planning. Estate planning is a crucial aspect of financial planning, and it's never too early to get started. A well-executed estate plan ensures that your assets are distributed according to your wishes, minimizes taxes, and provides for your loved ones after you're gone. Moreover, for physicians with complex assets and liabilities, estate planning is especially important to protect your assets, reduce liabilities, and ensure that your legacy lives on. In this article, we'll provide a checklist of what physicians need to consider to get started on estate planning, or keep your plan updated, so you can take the necessary steps to protect your future and that of your loved ones.
It’s important to create a complete list of your assets with an estimate of each asset’s value - we’ll call this your Estate Planning Personal Balance Sheet.
Your assets can be divided into two different categories:
The following assets should be included on your balance sheet:
If you own any debt, that debt will transfer to your estate. Make a note of all outstanding debt on your balance sheet.
Debts are always going to be the responsibility of the estate. As long as they’re legitimate debt, like medical bills, hospital bills, credit card bills, they don’t go away just because you die.
Depending on what assets you own, your named executor or trustee will have to gather information about what debts are outstanding at death and deal with it at that time. The beneficiaries receive whatever remains at the end of that repayment process.
If you have more debt than assets, it’s also possible that your beneficiaries won’t get anything. Protect beneficiaries from future pain by working with an advisor to plan out a debt-repayment plan.
The better organized you can be during life, the easier it is for whomever has to step into your shoes to manage things.
A fiduciary is a person or entity responsible for carrying out your wishes. The fiduciary makes crucial decisions on your behalf in the event of death or incapacitation. In your documents, the people you select will play essential roles, such as trustees of your trust or executor of the will. For married couples, spouses typically choose one another as their primary fiduciaries.
Here are the types of fiduciaries you may need to designate:
Executor: The executor takes the financial actions needed to settle the estate under the terms of the will after you die.
Trustee: The trustee is responsible for managing the assets in your trust during life (if you are incapacitated) or after death. In estate planning documents, the person you designate as your primary fiduciary also serves as your trustee. This means meeting your trust beneficiaries' needs using trust assets in a way that aligns with the wishes outlined in your trust document. Although the trustee manages the trust's assets, the trustee does not personally own them.
Guardians: If you have minor children or an adult dependent, the guardian cares for them and is legally responsible for them. Guardians are usually trusted family members who you are confident could provide sufficient care for the child or adult dependent, factoring in their age, health, and financial stability.
Attorney-in-Fact/Agent: The person you designate as your primary fiduciary will serve as your attorney-in-fact or “agent.” Your agent will be responsible for managing assets with titles in your name (which are not otherwise titled in the name of a trust). They act per any directions that you have included in a Power of Attorney document.
It’s a big decision to appoint a fiduciary. Determine the best candidates to manage your estate by asking three critical questions:
A beneficiary is a person or entity you name as a recipient of assets upon death or incapacitation. You can give beneficiaries access to trust assets up front or over time. You can name more than one beneficiary, who can be any of the following:
An individual (or group of people)
The trustee of your trust.
A charity or nonprofit
A minor (child under 18 years of age)
Some of the biggest mistakes in estate planning involve naming (or not naming) beneficiaries or naming the wrong people or entities as beneficiaries. If you don't name a beneficiary for an asset, the asset will have to go through probate. Probate could be a lengthy and costly process that can cause undue hardship on your relatives.
Regularly check to make sure your fiduciary and beneficiary designations are up to date and reflect significant life changes like births, deaths, marriages, and divorces. It’s also essential to have a plan in the event of the death of fiduciaries and beneficiaries.
The revocable trust is the primary estate planning document. It’s also known as a “living trust” or an “inter-vivos trust,” and not to be confused with a “living will.”
The purpose of the trust is to help your beneficiaries avoid probate (the judicial process whereby a will is "proved" in a court of law) upon your death.
If you have a trust, you don't have to go to court to transfer any of those assets to your intended beneficiaries. You can deal with it privately.
If you are married, you can determine how you want your trust assets to be divided both after your death and after your spouse’s death.
The revocable trust is a living document—you can change it at any time, for any reason. After an eventful year, it’s understandable if you reassessed your priorities for what you want to leave behind. If you have a revocable trust, make sure to update it when changes come up that may impact how your wishes will be carried out after you’re gone.
The will acts as a safeguard to distribute any property that has not already been transferred into the trust.
Many people mistakenly think that having a will is enough to prevent possible disputes over inheritance or keep things from going into probate.
What people don't realize is if you just have a will, you still have to go through the court process to transfer those assets to your intended beneficiaries. In some states, like California, it's a very long and onerous process. It could take up to two years to do. It can be very expensive versus if you have everything set up in a trust. A pour-over will ensures that any unassigned assets go into your trust upon death.
It's essential that you safeguard your assets against intestate succession laws—the unique (and convoluted) state laws that govern how unassigned property passes through a line of inheritance.
If you don't have a pour-over will in place, now is the time to set one up. With a pour-over will, if anything happens to you in the next year, any new property you acquire will automatically pass into your trust—and out of the hands of the government.
There are two types of power-of-attorney documents: the durable power of attorney and health care power of attorney (aka advance medical directive).
Let’s examine how these documents differ:
You may have personal property that holds sentimental value (e.g., art, jewelry, heirlooms, and household goods) that you wish to assign to beneficiaries.
The tangible personal property memo can act as a safeguard for your wishes. You must sufficiently name each beneficiary of personal property and sufficiently describe in detail the property the beneficiary is to receive.
The tangible property memo can also act as an explanatory letter so you can express your personal reasons for leaving property to certain beneficiaries.
It's always a good idea to provide some kind of letter, whether it's to the trustees or to the beneficiaries, indicating “here's why I did what I did so that you understand, and you don't fight about it.”
Estate planning is a crucial aspect of financial planning that all physicians should prioritize. It provides peace of mind knowing that your loved ones will be taken care of after you're gone, and it also ensures that your assets are distributed according to your wishes. By following the checklist we've provided, you can get started on estate planning or keep your plan up to date and take the necessary steps to protect your future and that of your loved ones. Remember, estate planning is not a one-time event but an ongoing process, so it's important to regularly review and update your estate plan as your circumstances change. With proper estate planning, you can safeguard your legacy, minimize taxes, and ensure that your hard-earned assets are used to benefit your loved ones for generations to come.
The information provided herein was prepared for educational purposes only and is not a solicitation to buy or sell any security or insurance product, nor an offer to provide investment advice. All examples are hypothetical and for illustrative purposes only. Nothing contained herein should be construed as legal or tax advice and is not intended to replace the advice of a qualified tax advisor or legal professional. The information contained herein may have been compiled from third-party sources we believe to be reliable but cannot guarantee its accuracy or completeness.
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This communication contains past specific securities recommendations for illustrative purpose only. Forme Financial makes no assurances, nor should it be assumed, that recommendations made in the future will be profitable or will equal the performance of the securities included in this presentation. Due to various factors including changing market conditions, such recommendations may no longer be appropriate; nor should any past recommendation be taken as personalized investment advice. You may request from us free of charge a list of all securities recommendation made within the immediately preceding period of at least one year accompanied by the following disclosures: (1) the name of each security recommended; (2) the date and nature of each recommendation; (3) the market price of the security recommended at the time; (4) the price at which the recommendation was to be acted upon; (5) the market price of each such security as of the most recent practicable date. It should not be assumed that recommendations made in the future will be profitable or will equal the performance of the securities in this list. Any presentation of the performance of such past specific securities recommendation does not reflect the deduction of an investment management fee, or any transaction costs or custodial charges, the incurrence of which would have the effect of decreasing indicated historical performance results. It should not be assumed that your account performance of the volatility of securities held in your account will of will correspond directly to the referenced past securities recommendations.
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