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They are still going to owe estate taxes when they die as they’ll be about $1,000,000 over the limit. But if they hadn’t begun giving so long ago, many millions more would be taxed at a huge rate when they die – and they wouldn’t have gotten to see us use and appreciate those funds in our lives along the way. That is a good point that time is your greatest asset when doing estate planning. Maybe it would be good to get some estate planning done and try to predict my timeline. It would be hard to forecast my death, but it would be necessary so I could get the planning done.

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  • There are different types of specialized trusts used for specific purposes.
  • That would require a change in the durable power of attorney and the will respectively.
  • Most states require you to sign a will or trust instrument in the presence of at least two witnesses.
  • Nonetheless, the federal gift and estate tax exemption hike is set to expire at the end of 2025 unless Congress takes action to make it permanent.

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If no other successor trustee has been named, or none is willing or able to serve, a corporate trustee can usually be named. Remember, just because the grantor nominates you to serve as trustee does not mean you have to accept the trustee position. If you do not wish to serve, the attorney assisting with the administration of the trust may ask you to sign a document in which you officially decline to serve as trustee. This declination document will allow the next trustee in the trustee succession line to assume the role of acting trustee. You will need to keep careful records of medical expenses and file claims promptly.

The neat thing about a trust is it can basically be written any way you Pou want. Most trusts will say that the parent can name a co-trustee to act with them. If that is the case, the co-trustee will act with the parent until the parent dies, then the trust terms will dictate what happens after both parents are dead. The parent could sign a statement that activates the successor trustees now, even while the parent is alive. So, that would be another way to have a trustee other than the surviving parent be the trustee.

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Personally, I have named my husband as the primary beneficiary of my life insurance policy. Our revocable trust is named as the contingent beneficiary. This way, should something happen to both of us, my life insurance policy goes to a trust for our two kids. All that being said — setting up your estate plan is an important to-do list item.

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