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Disclaimer

Securely Single

  If you are single, you are in good company. According to the March 1998 Current Population Survey, nearly half of all adult Americans are single. Being single can mean considerable personal and economic freedom. Nevertheless, just like your married counterparts, proper Life & Estate Planning is necessary to keep you in control.

Incapacity & The Law
  Every adult American is responsible for making their own personal, health care and financial decisions. In fact, you may take many basic decisions for granted. For example, you decide where to live, what medical care is appropriate and how to manage your finances. But what if an illness or injury leaves you unable to make even these basic decisions? The Law will require that the decisions be made for you…either by someone you know and trust or by someone appointed by a Judge who likely does not even know you.
  Proper Life & Estate Planning is required in advance of your incapacity, if you want to appoint your own decision-maker. Otherwise, by default you may find yourself before a Judge in a costly legal process that makes your private personal, health care and financial circumstances a matter of public record. Given the option, most singles would prefer to avoid this expense and invasion of privacy.

Minor Children
  Do you have minor children (i.e., under age 18 in most states)? If so, you probably invest considerable time and money to provide them with a moral, safe and secure home environment. What if you died before they reached adulthood? Who would rear them to adulthood? Who would provide a moral, safe, and secure home environment? Unless you want a Judge to make the selection for you, proper Life & Estate Planning is required.
  Who will manage the inheritance you leave for your minor children until they reach adulthood? Again, that decision will be made by a Judge in the absence of proper Life & Estate Planning by you. Oftentimes, the Court will appoint the surviving biological parent not only to rear the children to adulthood, but also to manage their inheritance.
  Even worse, if the surviving biological parent then survives your children, they ultimately may receive the inheritance!

Your Valuables
  Is family harmony important to you? Whether it is "grandma’s yellow pie pan," antique furniture or that Civil War sword, such items should be identified in your Life & Estate Plan along with the designated recipients of your own selection. Otherwise, your valuables could end up in the hands of the wrong loved one or sold to a perfect stranger in your Estate Sale. Either way, relationships between and among your loved ones could be bruised and battered unnecessarily.

Death, Taxes & Trusts
  Benjamin Franklin noted that there are only two certainties in life: Death & Taxes. While there is little we can do to avoid the former, proper Life & Estate Planning can minimize the latter. One of the best kept secrets for reducing Federal Estate Taxes is really a lifetime gifting strategy using the Annual Gift Exclusion (AGE).
  Under the AGE, each taxpayer may give $10,000 each year to as many people as they wish. This wealth transfer does not trigger gift taxes to the donor or to the donee. Additionally, any future increase in the value of the gifted asset is not included in the donor’s estate for determining Federal Estate Taxes later on. For this reason, gifts of assets likely to appreciate in value (e.g. stock that is rapidly going up in value) are popular. [Note: Appropriate legal counsel should be sought before making AGE gifts because of important capital gains considerations.]
  Are your likely beneficiaries young, inexperienced or irresponsible? If so, various Trusts can be created to protect your AGE gifts from their potential divorces, lawsuits, bankruptcies and good, old-fashioned squandering. Through carefully drafted Trusts you can control how and when the gifted assets are made available to your beneficiaries. As famous jurist Oliver Wendell Holmes put it: "Put not your trust in money, but put your money in trust."

 

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