The First Step to Estate Planning: Estimate Your Net Worth

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estimate your net worthTo create a coherent estate plan, you must first estimate your net worth. How much work you should put into the estimate will depend on the following factors:   

  • If you know your estate is large, use as much precision as possible.
  • If you know your estate is too small for estate taxes, but own assets that will earn income after your death, use as much precision as possible. (Refer to the article Tips to Minimize the Estate Income Tax to plan accordingly in this scenario.)
  • If you know your estate is small with few assets that will earn income after death, a ballpark figure will do.

Basically, estimate your net worth as precisely as possible anytime tax planning is a concern in your estate plan. This will allow you to plan for tax avoidance properly and prevent any awkward surprises for your executor.

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Don’t Confuse Avoiding Probate with Avoiding Estate Taxes

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avoiding estate taxesWhen planning your estate, it’s important to understand that avoiding probate does not eliminate or reduce estate taxes. Although avoiding probate may reduce or eliminate estate income taxes, avoiding probate doesn’t have any effect on estate taxes. In fact, avoiding probate and avoiding estate taxes are two unrelated concepts. The following is an overview of the two concepts:

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Selling the Estate Rental Property: Relocating the Tenants

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relocating the tenantsWhen the tenants couldn’t get financing, the attorney and realtor worked on relocating the tenants. In the article Selling the Estate Rental Property: The Tenants Became Proactive, the tenants effort to obtain financing failed. While it became known to the realtor that the tenants were having trouble getting a mortgage, I didn’t want to inform the attorney until it was certain that the tenants ended their effort to buy the house. Therefore, once the tenants stopped pursuing a mortgage, I informed the attorney about the tenant’s decision. Since the task of relocating the tenants became a reality, the attorney and the realtor performed the following tasks:

  • The attorney drafted the Notice to Quit. The Notice to Quit is a notice given by the landlord – in this situation, the executor – to a tenant to vacate the property by a certain date. The notice, required by the state of Massachusetts, ends the tenancy on the date set in the notice. Since the tenant’s initial lease expired years ago, the tenants occupied the property under a tenancy at will agreement. Therefore, they received a thirty-day notice.
  • The realtor, having been in contact with the tenants from the beginning of the process, knew the tenants were having trouble getting a mortgage. As a result, the realtor compiled a list of rental properties to show the tenants. So, when the tenants concluded their efforts, the realtor started showing rental properties to the tenants.

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Selling the Estate Rental Property: The Tenants Became Proactive

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tenants became proactiveSoon after my last meeting with the tenants, in mid-December 2012, the tenants became proactive. In the article Selling the Estate Rental Property: Determining Property Value, I visited the tenants to look over the property and to tell them that they will have first crack at buying the house, if they wanted to buy the house.  Apparently, the tenants became proactive and pursued financing soon after the meeting.

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Selling the Estate Rental Property: Determining the Property Value

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property valueAfter my initial visit with the tenants, I began the process of determining the property value of the rental property. The process began the day after the initial visit with the tenants. That day, I called my attorney to see if probate law in Massachusetts had rules for determining property values.

On the phone, I asked the attorney, “I want to start working on a sale price for the rental property. Does probate have rules about gathering estimates?”

The attorney replied, “Nothing out of the ordinary. However, you should obtain multiple estimates.”

The answer made sense, but I explained, “Well, here’s the thing: My sister, a beneficiary, referred me to a realtor.  When I met with the realtor, we discussed the sale of the rental property, the tenants, and the formal probate procedure. The realtor agreed to guide me through the sale, including relocating the tenants, but that I would have to manage the probate aspect. So, I agreed to work with the realtor. Do I still need multiple estimates?”

The attorney advised, “Still, get multiple estimates so that the probate court won’t ask questions when it comes time to close the estate.”

After the discussion concluded, I called two realtors. They both agreed to visit the rental property and provide estimates on the property value.

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Selling the Estate Rental Property: Informing the Tenants of the Sale

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informing the tenantsAfter dealing with the safe deposit box, I began the process of selling the rental property by informing the tenants of the eventual sale. Since the tenants lived in the rental home for twenty years in good standing, I knew this task would be tough. In earlier calls to the tenants, they repeatedly told me that they wanted to stay in the house. The tenants had raised a family in the home and had many good memories to just pick up and move. So, I dreaded this task of informing the tenants of the sale from the day I was officially appointed executor back in November 2012.

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Commit Enough Assets to Cover Expenses in Your Estate Plan

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Cover Expenses in Your Estate PlanWhen planning your estate, make sure you commit enough assets to cover expenses in your estate plan. Unfortunately, when you die, your expenses live on. Furthermore, your executor and beneficiaries are not responsible for payment of these expenses. In most common estates, the expenses your executor will most likely handle are some of the following:

  • Unsecured debt. This includes credit cards, medical bills, and utility bills. Other types of expenses for homeowners are home repairs, property tax, and home insurance.
  • Secured debt. These debts include car loans and mortgages. Typically, these expenses pass to the beneficiary that inherits the asset if they accept the bequest.
  • Administrative expenses. These expenses include funeral costs, estate administration costs, attorney fees, and other professional services needed to administer the estate.

Depending on the complexity of your estate, not all expenses listed above will arise. However, for the expenses that may occur, it’s necessary to set aside assets to cover expenses in your estate plan.

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When Probate is Beneficial to an Estate

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probate is beneficial to an estateAvoiding probate for estate assets is a good strategy, but there are instances when probate is beneficial to an estate. In general, the purpose of probate is to ensure the following: 

  • The settlement of the decedent’s assets.
  • To ensure the filing of all tax returns required for the estate and the decedent. 
  • Ensure the payment of all debts of the decedent.
  • Ensure that all remaining property of the decedent is properly distributed.

In addition, the probate court offers some features in the probate process that are beneficial to an estate.

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