Simon Says #9 - The 3 Key Elements of Estate Planning



Matt Simon

Hello friend, and welcome back to Simon Says.


If you’d like to read any past issues of Simon Says, you can find them all here.

Today, we look at an essential topic that often gets overlooked: estate planning.


You may not know it, but you already have an estate plan in place. Either you’ve written out your own wishes, or you're relying on the government to decide.


Many people put off creating their estate plans because they believe it's only for rich or old folks. But that's not true at all! Certain parts of estate planning, like medical directives, are important for everyone, no matter your age or net worth. But yes, having a well thought out plan becomes even more essential if you have children, are in a second marriage, or own a business or real estate.


Today we’ll cover 3 estate planning must-haves that everyone should prioritize: the will, the financial power of attorney, and the medical directives. Estate planning, while a critical component of your financial plan, actually extends far beyond money alone. A solid estate plan enables you to determine your own future, preserve your core values, and provide for your loved ones even after you're gone.

Will:


The will is a crucial part of your estate plan that allows you to decide how your finances, property, and personal belongings get distributed after your passing. In the will, you can name beneficiaries for your assets, appoint guardians for minor children, and provide instructions for charitable giving. Just like other pieces of your financial plan, it’s important to regularly review your will to ensure that it stays aligned with your goals.


Without a will, your family will have no control, leaving the courts and state law to determine who receives your assets. This can cause delays, unnecessary taxes or expenses, and even family disputes as some of your family members may have different views on how your estate should be handled. You’ve worked hard for what you own, why let the government determine what happens to it?



Financial or Durable Power of Attorney:

 

The financial power of attorney provides broader powers than simply naming someone as POA on your bank account alone. Your financial power of attorney can manage your accounts, pay bills, file taxes, and handle all other financial matters on your behalf if you’re unable to do so. If you want your spouse to talk to your credit card company or the mortgage or utility folks, but both your names aren’t on these accounts, the companies won’t speak to him or her without having this document.


Make sure to communicate your expectations in advance to your chosen person to ensure they understand your financial responsibilities and goals. Just like with your will, it’s important to regularly review and update your financial power of attorney as needed.

 


Advanced Medical Directives:

 

Medical directives allow you to express your healthcare preferences and appoint someone to make medical decisions on your behalf if circumstances leave you unable to communicate for yourself. The exact documents needed can vary from state to state, but they generally include a living will and a healthcare power of attorney.

 

- The living will allows you to tell doctors what kind of medical treatment you want in certain situations, like if you're on life support or nearing the end of your life. It helps make sure your wishes are known and followed by healthcare providers and your loved ones.


- The healthcare power of attorney lets you pick a trusted person, like a family member, to make medical decisions for you when you can't make them yourself. This person will make sure your healthcare preferences are respected and communicate with doctors on your behalf. Without the healthcare POA, medical facilities or other family members may make decisions against your wishes.


More so than the other 2 components, the medical directives are important for everyone regardless of age or wealth. Imagine being in a car accident and being unable to speak for oneself? Even 18-year-olds with no assets should get these documents in place.

Remember, if you haven't created a will, the government has a plan that may not reflect your wishes.


There are countless stories of wealthy individuals from Prince to Picasso who died without wills, causing family disputes, substantial taxes, and a significant loss of net worth. Regardless of the size of your estate, whether it's $400 or $4 billion, it's wise to take control to ensure your assets are distributed according to your intentions, not the government's.

 

As a financial advisor, I can help provide basic guidance on estate planning, but It’s important to note that I am not a lawyer. If you’d like to talk over your goals for your estate, I’d be happy to discuss your situation and connect you with one of the trusted estate planning attorneys we work with.

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Matt Simon is a Registered Representative and Investment Advisor Representative of Securian Financial Services Inc. Securities and Investment Advisory services offered through Securian Financial Services Inc. member FINRA/SIPC. Mid Atlantic Resource Group, LLC is independently owned and operated. 1800 Route 34, Blg 2 Ste 201, Wall NJ 07719


Financial Professionals do not provide specific tax/legal advice and this information should not be considered as such.  You should always consult your tax/legal advisor regarding your own specific tax/legal situation.                                        5683917 dofu 05/2023