Is it time to review your estate plan?

When did you last review your estate plan?  How long ago did you put in place your estate plan?  5 years? 10 years?  Over 10 years?  Do you currently have an estate plan in place?

 

Reviewing one's estate plan serves at least two critical functions.  First, a review can guarantee your plan still functions according to your wishes.  All these questions can be answered by comprehensively reviewing your estate plan:

·         Do your assets still go to who you want?

·         Are the correct people listed in decision-making roles?

·         Have your desires changed for who you want to receive your assets?

·         Have certain decision-makers moved away?

·         Have minor children now become responsible adults who are ready to serve on your behalf?

Secondly, a review can alert you to new laws affecting your estate plan?  An example from a few years ago would be the changes regarding access to medical records with the Health Insurance Portability and Accountability Act (HIPAA).  A more recent example is the 2017 Tax Cuts and Jobs Act, which changed estate and gift taxation rules.  Whether it is the State Legislature or Congress, both organizations continue to pass laws to meet changing circumstances.  Staying up-to-date can mean the difference between a plan accomplishing your goals and a plan that causes unneeded problems and headaches.

For all our clients, we offer complimentary reviews every 3 years.  For clients, it is a chance to review their estate plan to ensure everything is current and there are no major changes requiring updates due to the passage of new laws.  For us, it is a chance to talk with clients and ensure their estate plan continues to meet their objectives.

If you have not put in place any estate planning documents, you are not alone.  In fact, you are in the majority!  Shocking numbers indicate that over 50% of people pass away with no estate planning documents in place.  https://www.usatoday.com/story/money/personalfinance/2015/07/11/estate-plan-will/71270548/  This often leads to countless hours, disputes, and unnecessary stress on loved ones who are dealing with your passing. 

Whether you worked with us in the past or wish to work with us in the future, give us a call today or send us an e-mail by clicking here!  We are always happy to assist individuals, businesses, and families, plan for a smooth and seamless future!

I was nominated as a Personal Representative in a Will, now what do I do?

A loved one has just passed away and someone tells you the decedent nominated you as the Personal Representative of their Estate in their Last Will and Testament. What does this job entail? What authority do you have? What should be your first steps?

In a nutshell, the role of a Personal Representative (also sometimes called an "Executor") is to oversee the gathering of a decedent’s probate assets, pay all necessary creditors, and make distributions in line with the terms of the Last Will and Testament. The Personal Representative is the "manager," overseeing the entire probate process.

A Last Will and Testament should list a particular person(s) to act as Personal Representative. If a will was never executed and no other estate planning documents were completed, an interested person, usually a close friend or family member, petitions the Probate Court to be appointed.

In either case, the Probate Court determines whether to approve the individual, and if a bond will be required to be paid by the nominated Personal Representative as collateral against the value of the probate assets.

If approved by the Probate Court, Domiciliary Letters will be issued to the Personal Representative. Domiciliary Letters serve as formal proof that the Personal Representative has the legal authority to act. Often banks, credit unions, and other financial institutions require this Letter prior to releasing any information.

Throughout the process of administering an Estate, the Personal Representative will also want to keep a close eye on the deadlines mandated by the Probate Court. Deadlines often include: filing a required Notice to Creditors, filing an Inventory of the decedent's probate assets, and filing a final Estate Account listing all the expenses and payouts to beneficiaries. Sample blank forms can be found on the Wisconsin Court System website: https://wicourts.gov/forms1/circuit/index.htm

The Personal Representative is also responsible for paying any outstanding bills, selling any estate assets, submitting final tax returns, and more. There are often specific time deadlines complicating each step of the process of administering an Estate.

It is not uncommon, given the steps involved, to have a probate proceeding open anywhere from 9-15 months, or longer.

If you have questions or concerns about the probate process or your job as Personal Representative, please click here. We are more than happy to guide you through the probate administration and what to expect as a personal representative.