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Planning Profile: Simple Estate Transfer

June 7, 2024

Introduction

The Estate Transfer – Simple profile is designed for clients with straightforward estate planning needs. This profile is particularly suitable for individuals with low net worth or single clients who do not require asset protection from Medicaid. The focus here is on creating a clear and efficient plan to transfer assets upon death, without the complexities associated with larger or multi-jurisdictional estates.

Applicable Fact Patterns

Low Net Worth

Clients with a low net worth typically have fewer assets and simpler financial situations. These clients often include:

  • Individuals with minimal savings and investments.
  • Homeowners with modest property values.
  • Clients with limited personal belongings of significant value.

Single Clients

Single clients, whether never married, divorced, or widowed, often have less complicated estate plans. This profile is ideal for:

  • Individuals without dependents or with adult children.
  • Clients with straightforward asset distribution wishes.
  • Clients without significant concerns about Medicaid asset protection.

No Desire for Medicaid Asset Protection

Clients in this category typically do not prioritize protecting their assets from Medicaid due to the nature of their assets or personal values. They often:

  • Have sufficient income to cover their healthcare needs.
  • Do not own significant assets that would be subject to Medicaid spend-down rules.
  • Prefer a simple transfer of assets to heirs without additional legal mechanisms.

Data Elements and Variables

To determine if a client fits the Estate Transfer – Simple profile, the following data elements and variables are considered:

Financial Assets

  • Total Net Worth: Typically low, including savings, investments, and property.
  • Savings and Investments: Limited to basic savings accounts, CDs, and perhaps a few simple investment accounts.
  • Real Estate: Ownership of a primary residence with modest value, without additional properties.

Personal Status

  • Marital Status: Single, divorced, or widowed without remarriage.
  • Dependents: Few or no dependents, or dependents are financially independent adults.
  • Age and Health: Generally, individuals who are not in immediate need of long-term care planning.

Estate Planning Goals

  • Simplicity: Preference for a straightforward and uncomplicated estate plan.
  • Asset Distribution: Clear and simple wishes for distributing assets to a small number of beneficiaries.
  • Medicaid Concerns: Little to no concern about protecting assets from Medicaid recovery.

Implementation

For clients fitting the Estate Transfer – Simple profile, the estate planning process involves:

Drafting Basic Documents

  1. Will: A simple will to outline the distribution of assets and designate an executor.
  2. Power of Attorney: Assigning someone to handle financial and legal matters if the client becomes incapacitated.
  3. Healthcare Directive: Specifying healthcare preferences and appointing a healthcare proxy.

Beneficiary Designations

Ensuring all beneficiary designations on accounts such as retirement accounts, life insurance policies, and bank accounts are up-to-date and reflect the client’s wishes.

Property Titles

Reviewing and updating property titles to ensure they align with the estate plan, including:

  • Joint tenancy arrangements.
  • Transfer-on-death deeds.

Conclusion

The Estate Transfer – Simple profile offers a streamlined and efficient approach to estate planning for clients with uncomplicated financial situations and straightforward asset distribution goals. By focusing on the essential elements and avoiding unnecessary complexities, this profile ensures that clients’ wishes are clearly documented and easily executable upon their death. LegalEdge Innovators provides the tools and guidance necessary to create and implement these plans, ensuring peace of mind for clients and their families.