Homeownership serves as a powerful pathway for Americans to build generational wealth, while providing a sanctuary for cherished memories and quality time with loved ones. By engaging in proactive estate planning, you can safeguard these invaluable moments and investments, ensuring that your legacy remains secure for years to come.
While the majority of Americans believe that estate planning is important, just one in three American adults (about 32%) have an estate plan in place.
Without careful planning, an estate can become a financial burden or a source of contention among loved ones, undermining the very stability and harmony you worked so hard to create. Many people have witnessed familial strife due to a lack of planning, underscoring the urgent need for thoughtful estate strategies. To help you navigate this critical process, we’ve compiled answers to some frequently asked questions about estate planning.
Estate Planning Frequently Asked Questions
Question: What is an estate plan?
Answer: An estate plan details who will inherit your assets after you’ve passed. It’s not always easy and can be challenging to think about, but having a plan in place is critical to ensure the next generation is set up for success and valuable possessions are managed, with one of the most important possessions being the property you own.
An estate plan allows you to designate heirs to not only your property, but your investments, bank balances and valuable possessions, and ensure that these wishes are carried out after you pass. Likewise, an estate plan allows you to leave any assets to an institution, organization or charity of your choice. An estate plan is critical to help reduce the tax burden after you pass, eliminate any family arguments before they start, and ensure any children are cared for by those you trust most. Ultimately, it makes for a seamless process and gives your loved ones one less thing to worry about after you pass.
Question: Why do I need an estate plan?
Answer: If you don’t designate who will receive your property after you pass, you lose control over what happens to it. The process differs by state, but often results in a probate court deciding who will inherit your home, a lengthy process that can produce a great deal of fees and even drive rifts in families. Estate planning isn’t just for the rich, everyone can benefit from having one, regardless of your financial status or situation.
It’s important to remember that the courts won’t automatically transfer assets to the surviving spouse, nor will they know the most responsible or trusted child, sibling or loved one to give ownership of your property.
If an individual does not have any heirs—no spouse, children, grandchildren, surviving parents, siblings, nieces, nephews, aunts or uncles—the property will be returned to the state. This process may also occur if assets go unclaimed for an extended period of time. Learn about the laws in your state.
Question: When should I create an estate plan?
Answer: You can begin creating an estate plan as soon as you become a legal adult. It’s critical to have an estate plan in place and to update your estate plan when experiencing any of the following major life occurrences:
- Owning property
- Getting married
- Having children
- Amassing significant savings or investments
- Venturing on big trips or traveling for extended periods of time
- Inheriting money or other assets
- Going through a divorce
- Welcoming grandchildren and new family members
Question: How do I create an estate plan?
Answer: Begin preparing your Last Will and Testament by gathering a list of your assets, debts and beneficiaries, as well as the chosen executor and any legal guardians, if necessary. You may create the document on your own through a number of online will makers, or you may work in-person with an attorney to have a guide by your side throughout the process. Once your estate plan is drafted, it must be witnessed by typically two individuals to be considered a legally valid document and confirm the document is authentic. These are people of sound mind, at least 18 years of age, and trusted by you and your loved ones. Many states require an estate plan to be notarized. You can do so at law firms or law offices, AAA and UPS offices, accountant offices, real estate firms and offices, and similar places. Locate a notary in your area.
Safeguarding Your Investment Beyond Estate Planning
At the American Property Owners Alliance, we are dedicated to helping Americans safeguard the equity they’ve worked hard to build through homeownership. We offer valuable resources to assist homeowners in safeguarding their investments and advocate for policies that enhance the value of homeownership.
As you engage in estate planning, it’s equally important to consider how capital gains tax impacts your financial future. Right now, we are urging policymakers to increase the capital gains exclusion on the sale of real estate. This tax is imposed on the profit made from selling assets like homes. Unfortunately, the current exclusion limits haven’t kept pace with soaring home values, leaving many long-term homeowners facing hefty tax burdens when they sell or downsize.
By advocating for adjustments to these exclusion amounts, we can ensure that homeowners and future generations maximize their property investments. Together, estate planning and policy reform create a comprehensive strategy for protecting your legacy. Join our efforts to make a difference and learn more about what these changes mean for homeowners like you.
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About the American Property Owners Alliance
The American Property Owners Alliance (The Alliance) is a nonpartisan, non-profit organization created to protect and support property owners and pave the way for future property owners. Our mission is to educate property owners about federal issues, laws and policies; to advocate for owners’ rights and interests; and to mobilize, when necessary, to secure those rights and interests.
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