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Leave a Legacy, Not a Mess PDF Print E-mail
Written by Ralph Huey, CCPS   

Interest in estate conservation has swelled since the highly publicized death of former model Anna Nicole Smith at age 39, particularly among younger people.

Although Smith had a will, it had not been updated following two major life events: the death of her son and the birth of her daughter.

Her son was named as the sole heir in her will, but he died before she did. Because she didn’t name a contingent heir, her daughter could lose a significant portion of any inheritance to legal costs. And Smith’s failure to document her wishes for her daughter aggravated the emotional, protracted custody battle involving Smith’s common-law husband, her estranged mother, and a ­former boyfriend who later turned out to be the girl’s father.

When you add in Smith’s ongoing, years-long battle with her late husband’s family over his $500 million bequest to her, it’s easy to see why it is critical to be indisputably clear about the distribution of your estate, regardless of your age or wealth.

Better Than Will Power.

Even if Smith had an updated will, it would still have had to go through probate, a public and sometimes expensive process wherein a court verifies the decedent’s wishes. If she had set up a trust and kept it updated, the distribution of her assets and the custody of her daughter could instead have taken place in private and without the expense of probate.

A person (the “grantor”) who sets up a properly structured ­living trust can transfer personal assets to the trust and retain full control over the property by naming himself or herself as trustee. After the grantor dies, a successor trustee distributes the trust assets to beneficiaries named in the trust, without going through probate. Although there are costs associated with setting up a trust, they have the potential to be lower than probate fees.

The use of trusts can involve a complex web of tax rules and regulations. You should consider the counsel of an experienced estate planning professional before implementing such strategies.

Even if you never become rich or famous, don’t be fooled into thinking that you don’t need to prepare for the eventual distribution of your estate. Your family may love you for it.

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