• Supporting Our Clients and the Community During the COVID-19 Pandemic.
    • Skip to primary navigation
    • Skip to main content
    • Skip to primary sidebar
    • Skip to footer
    • Home
    • Our Firm
      • About Our Firm
      • Attorney and Staff Profiles
      • Communities We Serve
        • Bergen County
        • Clifton
        • Essex County
        • Hudson County
        • Hunterdon County
        • Middlesex County
          • Edison
          • Woodbridge
        • Morris County
        • Passaic County
        • Somerset County
          • Hillsborough
          • Warren
        • Sussex County
          • Franklin
        • Union County
          • Plainfield
    • Services
      • Asset & Business Planning
      • Estate And Gift Tax Figures
      • Estate Planning Services
      • Incapacity Planning
      • IRA & Retirement Planning
      • Legacy Planning Services
      • Medicaid and Elder Law
      • SECURE Act
      • Special Needs Planning
      • Trust Administration
    • Seminars
    • Resources
      • Elder Law
        • Elder Law & Medicaid Definitions
        • Elder Law reports
        • Elder Law Resources
          • Plainfield Elder Law
      • Estate Planning
        • Estate Planning Checkup
        • Estate Planning Definitions
        • Incapacity Planning Definitions
        • Is Your Estate Plan Outdated?
        • New Jersey Estate Planning Resources
        • Top 10 Estate and Legacy Planning Techniques
      • Free Estate Planning Worksheet
      • Free Seminars
      • Frequently Asked Questions
        • Business Succession Planning
        • Estate Planning
        • Elder Law
        • Estate Planning for Women
        • Frequently Asked Questions for Families Without an Estate Plan
        • Legacy Wealth Planning
        • LGBTQ Estate Planning
        • Medicaid
        • Trust Administration & Probate
        • Wills and Trusts
      • Newsletters
      • Pre Consultation Form
      • Probate and Trust Administration
        • Bereavement Resources
        • How to Know if You Need Extra Help With Your Grieving
        • Loss of a Loved One
        • Probate Resources
          • Hillsborough Township Probate
          • Plainfield Probate
        • The Mourner’s Bill of Rights
        • Things You Need To Do When a Loved One Passes Away With a Trust
        • Things You Need To Do When a Loved One Passes Away With a Will
        • Trust Administration & Probate Definitions
      • Published Books
    • Reviews
      • Our Reviews
      • Review Us
    • Blog
    • Contact Us

    Augulis Law Firm

    New Jersey Estate Planning Information Center

    Connect with us today(908) 222-8803

    • Attend A Seminar
      • Attend A Webinar
    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram
    Committed to helping New Jersey families preserve and protect their wealth.
    Home » Estate Planning Articles » 10 Essential Estate Planning Facts

    10 Essential Estate Planning Facts

    November 30, 2010

    Compliments of Our Law Firm,
    By: The American Academy of Estate Planning Attorneys

    “You may delay, but time will not,” Benjamin Franklin. Everyone knows that they need an estate plan, but few of us do anything about it. In fact, according to a 2007 study, more than 55% of Americans don’t even have a simple Will. And yet, the clock is ticking for all of us. So why don’t more of us actually put together an estate plan? For some, it’s a morbid fear that by thinking about death, we’ll hasten it. For some, it’s simple procrastination. For many people, though, the problem is that they do not know enough about the estate planning process.
    Here are 10 essential estate planning facts.

    1. It’s not just for the wealthy. Many people equate estate planning with tax planning. In fact, you may have heard that on December 17, 2010, Congress passed a new law, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, which increased the estate tax exemption to $5 million per person, taxing only the wealthiest of Americans. However, this is only true if you and your spouse die in 2011 or 2012! The tax will make a comeback in 2013, hitting people who are worth more than $1 million at death. Even then, most of us will not be affected by the estate tax, and it might be easy to think that if you’re not going to be taxed, you don’t need a plan. This couldn’t be further from the truth. Estate planning encompasses so much more than just taxes, as you’ll see.
    2. Without a plan, the state is in control. If you pass away without an estate plan, you give up control over who inherits your property. Instead, your state’s “intestacy” laws kick in, and dictate how your assets are divided up and passed on. Having an estate plan is the only way to ensure that your hand-carved assets go to whom you want, when you want.
    3. Without a plan, your children could be in limbo. If you’re the parent of young children, the thought of them being cared for by someone you haven’t chosen probably terrifies you. And yet, if you don’t leave a will nominating a guardian for your minor children, you will have no voice in the decision.
    4. Proper planning can protect your children from creditors and lawsuits. If your children inherit your property through your state’s intestacy laws (or if you leave property to them outright), that property is vulnerable to their creditors. It’s treated just like your kids’ other property and earnings, and it can be lost to creditors, lawsuits, and divorce – to name a few possibilities. The solution? You can leave assets to them in a trust, giving them a measure of protection.
    5. Proper planning can save your children from their own misjudgments and bad habits. If you’re worried about your children having complete control over their inheritance, you can also leave their inheritance in trust and appoint someone else to make decisions about how the money will be used. This can protect your kids from losing their inheritance due to poor decision making, substance abuse problems, or just plain excessive spending.
    6. Estate planning is absolutely essential for non-traditional families. If you’re a member of a non-traditional family, you need an estate plan to make sure your assets are distributed to the loved ones you choose. Without a plan, state intestacy statutes distribute property according to a traditional family pattern. So, if you’re in a relationship other than a traditional marriage, your property would bypass your partner and go to your parents or other blood relatives, instead. Making sure this doesn’t happen is as simple as sitting down with the right lawyer.
    7. An estate plan lets you give generously to charity. Do you want part of your estate to go to a favorite charity? Intestacy laws leave no room for charitable contributions. So, the only way to be charitable in death is to create estate plan. And, if you have concerns about taxes, charitable estate planning can afford you tax breaks you otherwise wouldn’t qualify for.
    8. Sooner is always better. No matter what your stage of life, the time to create an estate plan is now. Making a plan when you’re healthy and without an emergency looming, gives you time to explore all your options and make calm, rational choices. Plus, if you wait too long, you might miss the opportunity to plan at all.
    9. You don’t have to do it alone. Estate planning can be intimidating, and it can also involve some complex rules and laws, creating pitfalls for the inexperienced. A qualified estate planning attorney can help you navigate the process and put an effective plan in place.
    10. Estate planning isn’t an event, it’s a process. Putting an estate plan in place is the first step. After that, it’s important to make sure that your plan keeps pace with your life. Changes like marriage, divorce, the birth of a child, or even new laws can make your old estate plan inadequate. Reviewing your plan on a regular basis – and keeping your estate planning attorney up-to-date on any life changes – will help ensure your plan continues to work.

     

    About Alan Augulis, Estate Planning Attorney

    Mr. Augulis founded his Warren, New Jersey law firm so that he could focus his practice in the areas of advanced estate planning and tax law. Mr. Augulis has invested considerable time and energy helping to educate others on the topic of estate planning and has become a sought-after speaker in the tax and estate planning arena because of his informative and entertaining seminars.

    Primary Sidebar

    Augulis Law Firm

    Free Estate Planning Worksheet

    There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

    • This field is for validation purposes and should be left unchanged.

    Follow Us

    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram

    Testimonials

    Client Review
    August 4, 2020
        

    Very happy with work. Everything explained clearly and concisely and all my questions were answered completely. Process of putting together plan and review of documents was very organized and easy to understand.

    norm

    Where we are

    Augulis Law Firm
    5 Mountain Blvd. Suite 5
    Warren Twp, NJ 07059
    Phone: (908) 222-8803
    Fax: (908) 222-8815

    See Larger Map Get Directions

    Office Hours

    Monday9:00 AM - 5:00 PM
    Tuesday9:00 AM - 5:00 PM
    Wednesday9:00 AM - 5:00 PM
    Thursday9:00 AM - 5:00 PM
    Friday9:00 AM - 5:00 PM

    Map

    map

    Footer

    • Advantages of Working With Our Firm
    • Disclaimer
    • Privacy Policy
    • Sitemap
    • Contact Us

    Connect with Us

    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram
    footer-logo

    Augulis Law Firm
    All Right Reseved.

    Attorney Advertisement

    © 2023 American Academy of Estate Planning Attorneys, Inc.