Thoughtful planning today can make the estate administration process far more efficient for your loved ones in the future. Foundational legal documents, advanced trust structures, investment management and tax planning serve as the pillars of an effective estate plan. However, other sometimes overlooked areas deserve attention to ease the complexities of estate administration when the time comes. These practical yet nuanced elements are equally important in ensuring your plan operates smoothly.
Estate administration involves identifying and valuing assets, paying debts and taxes and distributing property to your beneficiaries after your passing. The process can be complex, time-consuming, costly and stressful for your loved ones. By taking proactive steps now, such as organizing key information, anticipating estate administration challenges and communicating your plans clearly, you can reduce the burden on your family and help increase the likelihood that your wishes are fulfilled.
Organize Key Information
Create a centralized, secure location for important documents and details to prevent confusion and delay during what is often an emotional time. Organize the following information and inform a trusted family member where it can be found:
- Trusted Advisors: List names, roles and contact information for your attorneys, financial advisors, accountants, insurance agents, employer or business advisors and funeral director.
- Passwords: Document instructions for accessing your passwords and login credentials, whether they are stored with an advisor, in a secure file or with a password manager. Update regularly.
- Legal Documents: Store copies of your will, trust documents, business organizational documents, charitable pledges, powers of attorney and health care directives in a secure place or leave instructions on which advisor to contact for them.
- Asset Documentation: Organize deeds, vehicle titles, stock certificates, mortgage and debt records, life insurance policies and account statements in one location.
- Safety Deposit Boxes: List the location and branch of each safety deposit box, and note where the key is kept..
- Digital Asset Inventory: Make a plan for your digital assets. List what you have, share any instructions, and give legal access through your Will or power of attorney. This may include email accounts, photos, social media accounts, online financial accounts, cryptocurrency, subscription services, and cloud storage accounts.
- Nontraditional Assets: Document the location of valuable items and collectibles stored for safekeeping. Include information about your trusted appraisers, dealers, and any other guidance that will be helpful.
- Tangible Personal Property Memorandum: Maintain and update a memorandum specifying who should receive each personal item to minimize disputes during distribution.
Identify and Address Potential Estate Administration Challenges
Regularly review your estate plan with your advisors to resolve issues that could complicate administration. Consider the following strategies:
- Minimize Probate Exposure: Probate is the court-supervised process for settling an estate and is required when assets are solely in your name above certain state-specific value thresholds. Probate can be a lengthy and costly process that becomes public record. Consider titling assets in a revocable trust, using joint ownership or transfer-on-death designations, implementing Lady Bird deeds (if available in your state) and naming beneficiaries where possible.
- Review and Update Beneficiary Designations: Review and update designations on financial accounts, retirement accounts, annuities and insurance policies to prevent unintended probate or distributions.
- Consolidate Financial Accounts: Simplify your financial picture by closing unused accounts and consolidating when possible.
- Plan for Complex Assets: Provide specific guidance for hard-to-value or difficult-to-sell assets including oil and mineral rights, business interests, real estate in other jurisdictions, artwork and collectibles.
- Ensure Sufficient Liquidity: Review your estate tax exposure and consider the sources of liquidity with your advisors to prevent forced sales of illiquid assets during administration.
- Address Real Estate: Plan for what will happen to family homes or vacation properties, including whether beneficiaries may want to buy, sell, or co-own the property. Set clear guidelines for valuation and equalization as needed.
Proactive Communication about Your Estate Plan
Communicating your estate plan with family can prevent questions and conflict after your passing. Consider these steps:
- Foster Open Communication: Inform family members about your plan and intentions to prepare them for their responsibilities, facilitate the transition of wealth and clarify your end-of-life decisions. Open conversations can also reveal issues or insights that may prompt updates.
- Clarify Roles and Responsibilities: Meet with individuals you’ve appointed for specific roles such as executor, trustee, power of attorney or health care power of attorney. Regularly review these designations to ensure those chosen are informed and comfortable with their roles.
- Create Supporting Documents: Supplement legal documents with letters of wishes, statements of donor intent and guidance for guardians of your minor children. While not legally binding, these documents offer important direction to those managing your affairs.
Final Thoughts
Planning ahead for the administration of your estate is one of the most impactful ways to support your loved ones and ensure your intentions are honored. By organizing key information, addressing potential challenges and communicating proactively, you can reduce uncertainty and help those you care about manage your affairs with greater ease. Your Oxford team offers a range of resources including:
- Letter of Instruction Gathering Form
- Digital Estate Inventory Form
- Letter of Final Instruction
- Tangible Personal Property Memorandum
- Educational materials
- Sample letters of wishes and donor intent statements
We look forward to helping you get your estate plan organized so your legacy can be preserved with clarity and confidence.
Oxford Financial Group, Ltd. (“Oxford”) is a Registered Investment Advisor (“RIA”) with the U.S. Securities and Exchange Commission (“SEC”) and is headquartered in Carmel, Indiana. Registration with the SEC does not imply a certain level of skill or training. Additional information about Oxford, including our Form ADV and Privacy Policy, is available upon request by calling 800.722.2289 or emailing info@ofgltd.com. The content of this presentation is intended for educational and illustrative purposes only. It should not be construed as investment, tax, or legal advice, nor as a recommendation or offer to buy or sell any security or investment product. Tax and legal counsel should be engaged before taking any action. This material has been prepared using original sources believed to be reliable, but no representation is made as to its accuracy or completeness. The views expressed are those of Oxford as of the date of the presentation and are subject to change based on market, regulatory or economic conditions, which may not occur as anticipated. OFG-2512-47
