One of the greatest gifts you can give your loved ones is a thoughtful estate strategy that outlines your wishes after you are gone. Discussing estate details with your team of professionals is another way to help manage your legacy and final wishes.
As financial professionals, we often act as the “quarterback” of our client’s estate teams, working with their attorneys, accountants, and others. We coordinate activities and help get everyone on the same page.
With that in mind, we’ve compiled a list of some best practices to consider as you organize your estate. Here are 10 steps clients might consider as part of their strategies.
A folder with important information for heirs, such as account names, numbers, passwords, and locations, as well as the names and contact information for attorneys, accountants, and financial professionals, can help with an estate. Most financial transactions today are online, eliminating once-helpful paper trails.
Compiling estate-related documents—health directives, power of attorney designations, and insurance policies, for example—into one accessible place can help your loved ones during an emotional and stressful time.
While online tools like digital vaults can be helpful, a well-marked traditional folder might help make things easier on heirs. Place this in a fireproof safe, and remember to tell your heirs where to find it so it doesn’t become a scavenger hunt at a crucial time.
Not reviewing your beneficiaries on retirement accounts and other key contracts and policies can result in unintended consequences.
Typically, a beneficiary designation overrides any instructions detailed in a will. For example, you may leave everything to your spouse in your will, but if your children are named beneficiaries on your retirement account at your passing, the retirement account designation can supersede anything written in your will. As a result, the money in that account could be transferred to your children instead of your spouse, regardless of what your will stipulates.1
Beneficiaries listed on an account opened long ago may not reflect your current circumstances and may no longer match your estate goals. This can be true in the case of divorce, the birth of a child, or the death of a beneficiary.
Having multiple accounts held at various financial institutions can complicate your estate strategy. Taking the time now to consolidate your financial accounts can help manage confusion and streamline asset distribution for your heirs. Maintaining many scattered accounts can create delays or can be overlooked by your loved ones. While going through the exercise of consolidating accounts, you may want to take the time to review how the assets are titled.
Titling is a legal term that identifies how and who owns your assets. For example, do you own an asset solely or jointly with someone else? In an estate strategy, the titling or ownership structure may impact how your assets are distributed, and whether or not they need to go through probate.2
Real estate is another asset where titling is critical. If, for example, you own a home jointly with someone, the titling of the property will determine how the property is disposed of after you are gone. The same applies to other hard assets, such as vehicles, jewelry, or collectibles. So, getting titles in order can be a key step in your estate strategy.
One strategy for pursuing a smoother transfer of assets to heirs upon your passing is setting up a transfer-on-death (TOD) order for your financial accounts. A TOD is an arrangement that allows your assets held within a brokerage or bank account to pass directly to your named beneficiaries upon your death, bypassing potentially time-consuming, costly, and contentious probate. A TOD account is designed for a quicker and more efficient transfer of assets to your loved ones.3
TOD designations are primarily for investment accounts, but other assets can also have a TOD designation. For example, real estate can have a designation via a TOD deed, and vehicles can have a TOD designation through a TOD title. Banks usually offer a payable-on-death form to transfer money from a bank account.3 Your beneficiaries have no access to or control over the account during your lifetime. It’s important to note that the rules and regulations for TOD accounts may vary by state.3
Wills are considered one of the primary building blocks of an estate strategy. A will defines your wishes after you pass. It includes naming your executor for your estate and outlining what you’d like to happen to minors or anyone else requiring guardianship (such as someone with special needs). A will also describe how you want your property and other assets distributed.4
A will should be written clearly to fulfill its intended purpose, and ambiguous language and vague instructions should be avoided. This can lead to family disputes and hard feelings—the exact outcome you may have wanted to avoid.
We caution clients not to assume that their heirs will figure out how to divide their assets and personal property. We have seen families hiring a professional mediator to determine how sentimental items should be distributed. To help manage this, list who should get what and keep it with your estate documents.
Having a discussion with your loved ones about your wishes for your funeral can be an enormous help when the inevitable happens. How to handle your funeral is most likely the first major decision your family has to make after you pass. And it’s not just one decision; it’s a series of small ones that can be overwhelming at a time of grief. Although the whole topic may sound a bit morbid, you can help relieve your family from an emotional burden.
Do you want a funeral? Will there be a wake or viewing before? What about flowers, music, celebrants, readings, eulogists, and repast? By expressing your wishes early on and putting them in writing, you can help your family during a difficult time and hopefully prevent disagreements.
Prepaying for your funeral is also one way to help ease the burden on your family. According to the National Funeral Directors Association, the national median cost of a funeral with a viewing and burial was $8,300—and that’s not factoring all potential expenses, such as hosting a gathering at a local restaurant, for example.5
You should decide if you want to work with a funeral home that offers prepaid funeral plans, buy funeral insurance, or simply designate a separate pool of money that your family can use someday to give you a proper send-off. Working directly with a funeral home is straightforward: you’ll discuss the prepayment plan with the staff and make decisions, such as choosing your casket.
Creating an estate strategy is essential—but it isn’t enough. Your overall strategy should be revisited occasionally, and your documents may need to be updated periodically, especially as life circumstances and your wishes change.
Here are some life events that may prompt you to consider changes to your estate strategy:
You may want to use these as “trigger events” to remind you to review your strategy. Even if there are no changes to your situation, you may want to meet periodically with your estate team to discuss whether your estate strategy reflects current best practices in estate management and tax laws.
Depending on your circumstances, a trust might play a role in your estate strategy. But we remind clients that setting up a trust involves a complex set of tax rules and regulations. So, before moving forward, we encourage our clients and prospects to work with estate attorneys familiar with the relevant rules and regulations who can offer guidance on trust strategies.
A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets for beneficiaries on behalf of the grantor. Typically, trusts bypass probate court, allowing your assets to transfer more quickly than if handled using a will.6
Trusts can be simple or complex, based on your needs, and they can be arranged to execute almost anything you wish. Trusts may be right for your strategy if:6
Common types of trusts fall into four categories:7
One goal of your estate strategy may be conflict avoidance, in addition to creating and safeguarding your legacy. You may believe everything will be fine after you are gone, but we have seen families torn apart.
As you work through the estate process, you may want to hold a family meeting to discuss your thinking, set expectations, and set guidelines for how to resolve misunderstandings or disputes later.
We have seen clients create conflict by choosing one child over another to serve as the executor, trustee, or both. Sometimes, this may be appropriate. However, naming a relative or friend can help potential sibling rivalry issues. In some instances, hiring a trust company or a private professional fiduciary might be a choice to consider. These are vetted and licensed individuals who fulfill the role of trustees or executors.
Conflict is almost inevitable if you are preparing to divide assets unevenly. If you have specific reasons for doing this, you should consider drafting a letter that explains your thought process, which might help resolve any future problems and hard feelings.
A thoughtful estate tax strategy can be one of the most impactful gifts to leave your heirs.
There are several ways to manage estate, gifts, and income taxes for heirs. While this article provides some high-level talking points, it’s not a replacement for real-life guidance. We can work with your tax team as your estate strategy takes shape.
Here are concepts to consider when managing an estate:
The Time to Start Simplifying Your Estate for Your Heirs Is Now.
By taking the time now to establish a well-thought-out estate strategy, you can put your family in a position to address issues after you are gone. We can work together to develop a comprehensive estate strategy that focuses on your needs and goals.
1 Trust&Will, December 2024
2 Citizens Bank, December 2024
3 Bankrate, February 14, 2024
4 FindLaw.com March 12, 2024
5 NationalFuneralDirectorsAssociation.org, 2024
6 SmartAssets.com, February 7, 2022
7 FindLaw.com, July 4, 2024
8 Mondaq, November 14, 2024
9 Estateably, November 6, 2024