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Planning Points: The ‘legacy’ plans you need to have in place
Don’t leave it for your kids, or the state, to figure things out
By Pete Alepra, - Planning Points columnist
Nov. 19, 2023 5:00 am, Updated: Nov. 20, 2023 8:44 am
Legacy planning is often the last piece people tackle in their wealth planning because it’s the least appealing to think about.
Planning for a strong nest egg that will keep you safe, secure and fulfilled when you stop working? Deciding what to do with your assets when you’re no longer around to enjoy them? These are not the most exciting things on your to-do list, but if you put off legacy planning too long, you run a real risk of leaving behind nothing but headaches for your loved ones.
Here’s a quick checklist that will help you and your spouse outline a legacy plan to protect your assets, care for each other in the event of incapacitation and give you both some peace of mind.
Create a balance sheet
Maybe the best way to ease into this process is to set emotion aside for a moment and get the rough numbers on paper.
Start by adding up all your assets, including real estate, personal valuables (vehicles, jewelry, etc.), bank accounts, investment accounts, retirement plans (401(k), IRA, pension, etc.), business interests (ownership, equipment, etc.), and benefits payable upon death (life insurance, Social Security, etc.)
From this total, subtract your liabilities, such as credit card debt, mortgage, vehicle loans and personal loans.
This simple balance sheet should give you a rough idea of your net worth. It also will give you a list of items you’ll want to consider passing down to heirs, and a list of debts you might want to work on paying down.
Determine what plans you have and what plans you need
At the bare minimum, everyone should have:
- A last will and testament, which details how you want your assets distributed to heirs and charitable organizations after your death.
- Power of attorney, which authorizes someone of your choosing to act on your behalf if you’re incapacitated.
- Health care directive, which details what kind of care you want should you become incapacitated.
- A living will, which authorizes someone to make medical decisions for you if you can’t, based upon what’s stipulated in your health care directive.
You should get working on any of these documents that you don’t already have. If you have older versions of these documents that you haven’t looked at in a few years, you should review them to make sure they’re up to date.
Discuss your legacy wishes with your spouse
Now comes the tough part -- filling in all the blanks.
Like every other part of your retirement planning, clear and open communication with your spouse is key. If you’re having trouble opening this line of dialogue, here are some questions to get you started:
- Do we have all our important documents (personal ID, bank accounts, legacy documents, etc.) organized in one place?
- Who should execute our will?
- Who are our key beneficiaries? What do we want to leave them?
- What charities or causes would we like to support with our legacy?
- What are our medical wishes in the event one or both of us become incapacitated?
- If one of us passes, where will the surviving spouse live?
Meet with professionals
Again, these are difficult questions to tackle. Many people prefer to tell themselves, “I won’t be around, I don’t care, the kids will take care of it.”
Unfortunately, your state of residence doesn’t consider this a legal estate plan. If you don’t have all your essential documents in order when you pass, the state may settle your estate according to local law. In even the closest families, this process can get really messy once the courts start deciding where your assets will end up.
Creating a plan that will extend your legacy for years to come also will make a difficult time a little bit easier on your loved ones.
One way to achieve this goal is to work through these hard questions and then bring a “rough draft” of your legacy plan to one of your professional advisers who will help coordinate the process. This can be your attorney, tax professional or financial adviser. They can help finalize any lingering details, facilitate any challenging discussions and connect you with the other legal professionals who will make sure your legacy is executed the right way when the time comes.
Pete Alepra is managing director-financial adviser with RBC Wealth Management. Comments: (319) 368-7023; peter.alepra@rbc.com. Investment and insurance products offered through RBC are not insured by the FDIC or any federal agency, are not deposits or guaranteed by a bank and are subject to investment risks.