(561) 935-9763
Maura Curran, Attorney
Jupiter, FL 33458

Deciding Who Gets What in Your Estate Plan

Deciding Who Gets What in Your Estate Plan

 

Don’t Let This Crucial Question Derail Your Estate Plan: Who Will Inherit Your Assets?

Creating or updating your estate plan can feel overwhelming, especially when you’re faced with the critical question: Who will receive your assets when you pass away? Deciding how to distribute your money and property is a fundamental aspect of estate planning, and there are various ways to approach it depending on your goals and the needs of your beneficiaries.

Outright Distribution: Freedom and Simplicity

One common method is to give your assets outright to your beneficiaries. This means that once the estate administration process is complete, your beneficiaries will receive their inheritance without any strings attached. They can do as they please with their inheritance—whether that’s keeping it, spending it, or selling it. This approach provides maximum freedom and is straightforward to implement. You simply name the beneficiaries in your will or trust, and they’ll receive their inheritance after your debts are settled and any taxes are paid.

However, while outright distribution is simple, it may not always be the best choice. If your beneficiary is dealing with creditors, going through a divorce, or struggles with managing money, their inheritance could quickly disappear. Additionally, minors or beneficiaries with special needs are typically not suited to receive assets outright, as this could lead to complications or the loss of important benefits.

In Trust: Protecting Your Legacy

For those who want to add more control and protection, distributing assets through a trust can be a better option. When you establish a trust, your beneficiary’s inheritance is held according to the terms and conditions you set, which allows you to manage how and when the inheritance is received. Trusts offer flexibility in tailoring the distribution to your beneficiaries’ needs, whether that means setting age milestones, rewarding specific achievements, or giving the trustee discretion to distribute funds when it’s in the beneficiary’s best interest.

This approach can also protect the inheritance from creditors, divorcing spouses, or poor financial decisions, ensuring that your legacy is preserved for your loved ones. However, setting up a trust may involve more administrative tasks, such as managing trust assets and filing tax returns, but it can provide peace of mind knowing that your assets will be handled according to your wishes.

We’re Here to Help

Estate planning for your spouse involves balancing your desire to provide for them with the need to protect your legacy. There are many factors to consider, and it’s important to have a plan that reflects your wishes and provides the necessary protections for your loved ones. If you’re ready to begin the estate planning process or need to review your current plan, our team is here to guide you through the process and help you make informed decisions.