The United States is on the brink of the largest transition of wealth in its history, known as the “Great Wealth Transfer.” By 2045, an estimated $84 trillion in assets will be transferred from baby-boomers to their heirs. In a world where probate and trust litigation is on an upward trend, the importance of establishing a solid and defensible estate plan is more crucial than ever.
A well-crafted estate plan is essential for ensuring that your assets are distributed according to your wishes. Without a clear plan, your estate may not be handled in the way you intend, potentially leading to disputes among heirs. An estate plan allows you to:
- Specify Beneficiaries: Clearly outline who will inherit your assets, ensuring that your loved ones are taken care of as you wish.
- Minimize Taxes: Implement strategies to reduce income and estate taxes, preserving more wealth for your heirs.
- Provide for Minor Children: Appoint guardians for your minor children, ensuring they are cared for by individuals you trust in the event of your untimely death.
- Provide for Beneficiaries with Special Needs: Utilize strategies to care for a loved one with special needs without risking loss of government benefits.
- Plan for Incapacity: Designate individuals to make financial and healthcare decisions on your behalf if you become incapacitated.
Probate and trust litigation has seen an increase in recent years, a trend that is expected to continue. One contributing factor may be estate planning documents executed during the COVID-19 pandemic, where circumstances called for executing documents in garages and driveways, rather than in a traditional office setting. In addition, the potential adoption of electronic wills in Ohio could add complexity, as the traditional execution requirements will significantly change, possibly causing uncertainty in discontented or suspicious heirs. These developments underscore the critical need for a well-crafted, regularly reviewed estate plan to minimize the risk of legal challenges.
Probate and trust litigation is costly and time-consuming, often leading to family strife. A comprehensive estate plan can help mitigate these risks by avoiding the probate process through the utilization of tools such as trusts, allowing for a more efficient transfer of assets. The anticipation and attention to potential sources of conflict within your estate plan, such as sibling rivalry or second marriages, could help reduce the likelihood of disputes among heirs. The selection of trustworthy executors and trustees to manage your estate decreases the risk of mismanagement and the litigation that often follows.
At Buckingham, we also provide dedicated support for clients serving in fiduciary capacities, such as executors and trustees. We ensure that fiduciaries fulfill their duties and responsibilities correctly and efficiently. Should conflicts arise, such as will or trust contests, our experienced attorneys are equipped to manage the probate or trust litigation process and reach a positive outcome.
Given the complexities involved in estate planning, seeking professional guidance is crucial. Buckingham’s trust and estate attorneys can help you navigate the legal intricacies, ensuring that your estate plan is both concise and comprehensive. We can also assist in updating your plan as your circumstances change, so that your estate plan remains aligned with your goals and objectives.
Taking the time to create a comprehensive estate plan is an important step in protecting your legacy and providing for your loved ones.
