Estate Planning Checklist & Tips That Aren't Just for the Wealthy (2024)

You've worked hard to build your assets. An estate planning checklist can be helpful for any income level. Learn about 529 plans and other tax-advantaged strategies.

By Ticker Tape Editors September 8, 2022 4 min read

Estate Planning Checklist & Tips That Aren't Just for the Wealthy (1)

4 min read

Photo by TDAmeritrade

Key Takeaways

  • Estate planning can be helpful for any income level
  • Make sure the beneficiaries named in your financial accounts match the intentions set forth in your will
  • Learn about 529 plans and other tax-advantaged strategies that can be employed now

None of us likes to think about dying—and what will happen to our money afterward. However, estate planning is an important part of managing your finances.

One common misconception is that estate planning isn’t necessary if your estate’s assets amount to less than the 2022 federal estate tax exemption of $12.06 million per individual. However, pretty much anyone can benefit from estate planning, which is designed to help protect your assets for your heirs.

What Is Estate Planning?

Estate planning is the process by which you determine how your assets should be handled when you’re no longer capable of making financial decisions.

“We often think of estate planning as something the ultra wealthy do,” said Dara Luber, senior manager at Schwab. “However, estate planning can be anything from setting up a will or trust to making sure you have the right beneficiaries to creating a health care directive.”While more than 50% of Americans think estate planning is at least “somewhat important,” only 33% of Americans have a will or living trust, according to the 2022 Wills and Estate Planning Study from senior care living referral service company Caring.com.

As for their reason for delay, more than 40% of Americans told the senior living referral service that it’s all about procrastination. But when asked to provide more detail, one in three said they haven’t explored the process because they don’t believe that they have enough assets to pass along to loved ones.

The survey also found that high earners are not always high planners—of those without estate planning documents, 63% who make $80,000 or more per year reported they “just haven’t gotten around” to preparing an estate plan.

“Your estate planning moves today can make a big difference later,” Luber explained. “With the right estate plan in place, you can reduce the chances your heirs will have to deal with probate and reduce the amount of money that ends up in the hands of taxing authorities.”

Estate Planning Checklist

As you manage the estate planning basics, it can help to have an idea of what to expect. Here’s an estate planning checklist that can help you make the most of your money.

Refer to this handy estate planning checklist to help you make the most of your money.Download PDF

Create a Will

The first thing many people think about when estate planning is the will. Your will is one way to let people know how you want your assets taken care of after you pass. A will can include what you want done with your various accounts but also how to distribute other property.

On top of that, you’ll want to include information about who should act as guardians for children and pets. And you’ll need to designate a trusted executor to oversee the will.

“While there are digital estate planning options that can help you craft a basic will, you might want to consider an estate planning attorney,” Luber explained. “There are specific state laws, including where your executor lives and other items, that a seasoned estate planning lawyer can help with.”

Name Your Beneficiaries

Review your beneficiaries and make sure they’re up to date.

“Who you have listed on your life insurance policy, retirement account, and in other places matters more than what’s in your will,” Luber noted. “When you have a major change to your life circ*mstances, go back through your beneficiaries, update your will, and make sure everything matches.”

This includes charities as well as individuals. There are a number of estate planning strategies designed to help you pass your assets on, but none of them matter if you don’t have your beneficiaries properly identified.

Note: If you’re a TDAmeritrade client, managing your beneficiaries is straightforward and can be done online.

Consider an Estate Planning Trust

Estate planning trusts can be great tools to pass your assets on while potentially helping your heirs avoid the sometimes expensive and drawn-out process of probate. There are many different trust configurations, which can be used to provide a variety of benefits depending on what matters most to you and your situation.

Luber suggested that speaking with a knowledgeable professional is one way to help you set up a trust designed to meet your needs.

Power of Attorney

Estate planning isn’t just about what happens after you pass, though. It also includes the paperwork involved should you become incapacitated. Preparing the proper documentation for assigning a power of attorney to make decisions on your behalf is important.

“Don’t forget about health care directives and proxies,” Luber mentioned. “Look for someone you trust to handle these decisions and consider using an estate planning attorney to ensure that everything is as it should be.”

While there are online estate planning services and documents, they don’t always hold up in the end, and they might be harder to customize, especially if your situation is complex.

Consider Giving Now

You don’t need to wait until you’re gone to provide resources to your family and heirs.

Plan for tomorrow by setting financial goals today.

“Estate planning can also involve giving now while your heirs and others can use the resources,” Luber said. “In fact, it can be more fulfilling to watch your money being used at present.”

In 2022, it’s possible to give up to $16,000 to each recipient without paying the gift tax (which is paid by the giver, not the recipient). If you’re married, each spouse can give $16,000, for a total of $32,000. On top of that, it’s possible to front-load contributions to a 529 plan, so if you have beneficiaries you want to help with college, you can put in up to five years’ worth of gifts (up to $80,000) in the 529 plan.

When you give to charity now, instead of waiting until you pass, you can claim a tax deduction, whether you donate directly, give stock, or set up a donor-advised fund. This allows you to benefit now—along with your beneficiaries.

Bottom Line on Estate Planning

You’ve worked hard to build your assets and make the most of your money. Estate planning is about helping your legacy live on after you pass. Carefully consider what you want done with your assets and then create a plan designed to increase the chances that everything will be distributed as you wish.

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Estate Planning Checklist & Tips That Aren't Just for the Wealthy (3)

By Ticker Tape Editors

TDAmeritrade

Key Takeaways

  • Estate planning can be helpful for any income level
  • Make sure the beneficiaries named in your financial accounts match the intentions set forth in your will
  • Learn about 529 plans and other tax-advantaged strategies that can be employed now
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Estate Planning Checklist & Tips That Aren't Just for the Wealthy (2024)

FAQs

What is the 5 by 5 rule in estate planning? ›

' The five or five power is the power of the beneficiary of a trust to withdraw annually $5,000 or five percent of the assets of the trust.

Is estate planning not just for the wealthy? ›

As mentioned above, estate planning is not just for the wealthy – it's an important part of financial planning that anyone with assets or dependents should consider. For one thing, many people simply aren't aware of how much they will leave behind when they die.

Why do people not do estate planning? ›

Thinking about dying, even indirectly through estate planning, makes many people uncomfortable. There are various complicated psychological explanations for why this happens. But for many people, it comes down to a belief (perhaps subconscious) that talking about death will somehow hasten it.

What is the 50% rule in real estate? ›

The 50% rule or 50 rule in real estate says that half of the gross income generated by a rental property should be allocated to operating expenses when determining profitability. The rule is designed to help investors avoid the mistake of underestimating expenses and overestimating profits.

What is the 5 5 5 rule life? ›

The 5x5 rule states that if you come across an issue take a moment to think whether or not it will matter in 5 years. If it won't, don't spend more than 5 minutes stressing out about it. When your problems need to be put into perspective, the 5x5 rule is a good thing to remember.

What is the key to estate planning? ›

Key Takeaways

Common estate planning documents are wills, trusts, powers of attorney, and living wills. Everyone can benefit from having a will, no matter how small their estate or simple their wishes. Online estate planning services offer basic packages for less than $200.

What is the difference between will and estate planning? ›

In short, a will ensures that someone's assets pass to the beneficiaries they choose, and estate planning ensures that those beneficiaries receive as much wealth as possible.

What are the three main priorities you want to ensure with your estate plan? ›

Protect and Maximize Your Estate for Your Heirs

In conclusion, when creating your estate plan, it's crucial to prioritize these three key objectives: naming a trusted individual to handle your affairs, ensuring your estate goes to who you want it to, and protecting and maximizing your estate for your heirs.

What is poor estate planning? ›

Failure to designate beneficiaries for retirement and other financial accounts. Failure to name secondary beneficiaries. Failure to name alternative trustees or executors. Failure to properly fund or title assets to any trusts you have established.

Why should you be concerned with estate planning? ›

If you want your assets and your loved ones protected when you can no longer do it, you will need an estate plan. Without one your heirs could face big tax burdens and the courts could designate how your assets are divided—and even who gets to raise your children.

What percentage of Americans have an estate plan? ›

Fifty-six percent of Americans believe that estate planning is important, but only 33% of adults in the U.S. have documented their end-of-life plans.

How does a 5 and 5 power work? ›

A 5 by 5 Power in Trust is a clause that lets the beneficiary make withdrawals from the trust on a yearly basis. The beneficiary can cash out $5,000 or 5% of the trust's fair market value each year, whichever is a higher amount.

What is the 5 2 rule in real estate? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

What is the 5x5 right of withdrawal? ›

A 5 by 5 clause, or right of withdrawal, must be specifically stated in the governing trust. The right occurs once a year generally, and will allow the beneficiary to take up to 5% of the value of the trust out to be included in their current tax year or to take $5,000, whichever is greater at the time.

When an estate beneficiary must take distribution from the plan using the 5 year rule? ›

Non-individual options

If the original IRA owner had not yet reached the required beginning date for RMDs at the time of their death, then the 5-year rule applies and all assets must be fully distributed by the end of the fifth year after the original IRA owner's year of death.

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