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Estate Planning Attorneys

What is estate planning?  What documents should I have in place before my death?  How does a trust work?  These are all questions to ask an estate planning attorney.  Estate planning encompasses much more than just writing a basic will.  If you don't want a child to pull the plug too early, or if you would like to make sure the government doesn't take more taxes than absolutely necessary, you may benefit from meeting with a local estate planning attorney.  Taking the proper precautions now could hopefully prevent a future lawsuit.

Estate and Gift Taxes

Most Americans do not possess more assets than the Federal tax exemption amount.  However, most states have traditionally had their own inheritance tax?  For example, in 2011, Tennessee still had a tax exemption amount of $1 million.  Thus, a $2 million estate in TN would not owe federal taxes to the IRS, but it would potentially owe state taxes on the excess $1 million. 

While estate taxes are not owed by most people when they die, there are many essential questions that are beneficial to address with a local estate planning attorney to ensure that individuals and their loved ones are protected.

Common Estate Planning Questions

        -       Do you have a written Power of Attorney in place, which appoints another to take care of 
     your finances in case you become incapacitated?
-       Have you established a written living will for your health care matters?
-       Are you interested in a trust or trusts to avoid paying too much in taxes and going through
     the probate process?
-       Have you had any significant life changes since your last will was drafted?
-       Do you have any charities that you would like to leave money at your death?
-       Is there possibly a child out there that you are not aware is yours? 
-       Do you anticipate any conflict between your children over certain family heirlooms at your 
     death?
-       Do you have a child with special needs?
-       Is a yearly tax free gifting strategy appropriate for you?

 These are just a sample of the questions that need to be addressed before one passes away.  Spending a few hours with an estate planning attorney now is certainly worth it compared to the wrong guardian for one’s kids, overpaying the IRS, or making a critical mistake trying to write your one’s own will.

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