There are many issues with transferring your estate to your heirs that can be avoided with good pre-death planning.In general, you can plan ahead to avoid potential estate pitfalls by setting up a good will or trust.A trust is advisable because it can be set up to avoid probate, protect your estate from judgments and liens, and minimize estate taxes.
Heir planning issues for consideration
To ensure that there are as few problems as possible after you pass away, make sure you consider the following heir planning issues:
Who are your heirs?Are any significant people being excluded or any unexpected people being included?Clarifying any unusual arrangements in writing before you pass can help avoid challenges later on.
Will your heirs receive equal or unequal shares of your estate?You want to make sure it is clear who should receive what.
Is there a specific age when your heirs should receive their share of your estate?Do other milestones need to be achieved for heirs to receive their shares?
Will your heirs receive their share all at once, or will it be distributed in several installments – or over the course of the heir’s life?
How will you divide up special property to your heirs?It can be far simpler to divide up cash or stocks than it is to pass on a meaningful piece of property.
If you have an unusual family situation, such as children from a previous marriage or a spouse with children from a previous marriage, how will you divide your estate among all the children?
If you are remarried and want some of your estate to go to your new spouse and some to your ex, how will you divide things up?
If any of your heirs have personal problems or issues that may cause them to misuse their inheritance, what steps will you take to protect them?For example, you may want to leave a share of your estate to a child with drug or alcohol addiction but you need help finding the best way to do so.
Do you have heirs who are mentally or physically disabled?These are special situations, and while you want to leave an inheritance the individual may not be able to responsibly manage it.