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Common asset protection mistakes in estate planning

On Behalf of | Nov 10, 2023 | Estate Planning

Asset protection in estate planning is a strategic approach to safeguarding assets from various potential threats, such as creditors, lawsuits and excessive taxation, while ensuring the orderly distribution of those assets to your beneficiaries upon your passing. The primary goal is to preserve and manage your assets effectively.

However, there are several common mistakes individuals often make when it comes to asset protection.

Neglecting to create a comprehensive estate plan

Some individuals believe that a simple will is sufficient. However, a will alone may not adequately protect your assets, especially in complex family or financial situations. A comprehensive estate plan should include wills, trusts and other documents tailored to your specific circumstances.

Underestimating the importance of regular updates

Many people create their estate plan and then forget about it, assuming it will remain relevant over time. Assets and personal circumstances change, and failing to update your plan accordingly can lead to complications in asset distribution. Regular reviews and updates ensure your estate plan reflects your current intentions.

Not considering the impact of taxes

Taxes can significantly affect the value of your assets and the amount your beneficiaries receive. For example, the basic exclusion amount from estate tax in New York state is $6,580,000. If you are close to that amount or just over it, failing to incorporate tax-efficient strategies into your estate plan could result in a substantial reduction of the wealth you pass on.

Overlooking the need for asset protection trusts

Asset protection trusts are powerful tools for safeguarding your wealth. Yet, many people do not consider incorporating these trusts into their estate plan. These trusts can shield your assets from creditors, lawsuits and other potential threats, ensuring that your beneficiaries receive the full benefits of your estate.

Not designating beneficiaries correctly

Improperly designating beneficiaries on retirement accounts, life insurance policies and other assets can lead to unintended consequences. Make sure your beneficiaries are up-to-date and accurately reflect your wishes to avoid potential disputes and complications.

Neglecting to consider long-term care costs

As you age, long-term care costs can become a significant burden on your estate. Failing to plan for these expenses can deplete your assets and reduce the inheritance you leave behind. Explore options such as long-term care insurance or Medicaid planning to address this concern.

Avoiding these common asset protection mistakes will help you create a robust estate plan that serves your best interests and those of your beneficiaries.