Category: Estate Planning

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday November 13th, 2023.

Our lives have merged with the online world in today’s digital age. Digital assets are now part of our everyday lives, from social media profiles to cryptocurrency portfolios. These assets, though intangible, hold significant value and must be considered in estate planning.

Why Digital Assets Matter in Estate Planning

In the past, estate planning has only concentrated on things that are visible, such as real estate, jewelry, and money. Nonetheless, while life has shifted to the virtual sphere, so has our wealth. These valuable assets comprise digital photographs, online bank accounts, and e-books, as well as domain names. The omission of these from an estate can be detrimental to inheritance value. 

Cryptocurrencies: The New Frontier

Cryptocurrency, like Bitcoin and Ethereum, has become a notable digital asset. As these digital currencies grow in popularity, many people have accumulated wealth they’re uncertain how to protect. Failure to adequately plan for such assets can make them inaccessible to heirs, and they can also be lost forever.

Securing Digital Legacies

In addition to financial aspects, our digital footprints encompass various elements such as emails, social media posts, and personal blogs. These components collectively contribute to the narrative we project. Ensuring access to these accounts after our demise preserves our digital legacy. This requires sharing access details securely and updating them regularly.

Incorporating Digital Assets into Your Estate Plan

To effectively include digital assets in your estate plan:

1. Inventory Your Assets: List all your digital assets, including accounts, passwords, and digital currency holdings.

2. Determine Their Value: Some assets, like cryptocurrencies, have a clear monetary value. Others, like personal emails, have sentimental value.

3. Provide Access: Use secure methods to share access details with trusted individuals or incorporate them into your will.

4. Update Regularly: As with all aspects of estate planning, review and update your digital asset plan regularly.

Embracing the Digital Age with Wickersham and Bowers

At Wickersham and Bowers, we understand the intricacies of digital assets and are committed to helping you navigate this new frontier. Secure your digital legacy with us today

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday October 16th, 2023.

Estate planning, a pivotal yet often overlooked aspect of financial management, ensures that your assets are distributed according to your wishes upon your demise. Not only does it provide peace of mind, but it also circumvents potential legal hurdles for your heirs. Let’s delve into the top five essential documents that form the bedrock of a robust estate planning strategy.

1. Will: The Cornerstone of Your Estate Plan

A will, quintessential in the realm of estate planning, delineates your directives regarding asset distribution upon your death. It allows you to appoint heirs, allocate assets, and even specify guardians for minor children, ensuring that your wishes are honored and familial disputes are minimized.

2. Power of Attorney: Empowering Financial Management

A durable power of attorney (POA) is paramount in safeguarding your financial interests should you become incapacitated. By designating a trusted individual as your attorney-in-fact, you ensure that your financial affairs are managed prudently, even in your absence or inability.

3. Healthcare Proxy: Advocating Your Medical Preferences

A healthcare proxy, or medical power of attorney, allows you to nominate a representative to make medical decisions on your behalf if you’re unable to do so. This document is crucial to ensure that your medical and end-of-life preferences are respected, providing clarity during emotionally charged moments.

4. Living Will: Articulating Your Medical Desires

Distinct from a traditional will, a living will explicitly outlines your preferences for medical interventions in scenarios where you cannot communicate your wishes. From life support to pain management, this document provides a clear roadmap for healthcare providers and loved ones alike.

5. Beneficiary Designations: Ensuring Smooth Transitions

Beneficiary designations on financial accounts, insurance policies, and retirement plans ensure that these assets are transferred directly to the named individuals, bypassing the often tedious probate process. Regularly updating these designations is vital to reflect your current wishes accurately.

In conclusion, estate planning is not merely a task for the affluent—it’s a fundamental component of responsible financial stewardship for everyone. By securing these five pivotal documents, expertly crafted by Wickersham and Bowers, you safeguard your assets and wishes and facilitate a smoother transition for your loved ones in the future. With the trusted guidance of Wickersham and Bowers, you can embark on your estate planning journey today and carve a path of serenity and assurance for tomorrow.

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Wednesday September 13th, 2023.

In an era where our lives are increasingly intertwined with the digital realm, a new aspect of estate planning has emerged—digital estate planning. Just as we meticulously plan the distribution of our physical assets, considering our online presence and safeguarding our digital legacy has become paramount. Digital estate planning involves managing and preserving your online accounts and data, ensuring that your virtual footprint remains intact for the benefit of future generations.

As we accumulate a plethora of online accounts, social media profiles, and valuable digital assets, it’s crucial to recognize the significance of adequately managing these aspects in the event of our passing. Neglecting digital estate planning could lead to lost memories, inaccessible sentimental items, and potential security risks. Here is a comprehensive guide to securing your online legacy.

1. Take Inventory of Digital Assets

Compile a list of your digital accounts, including social media, email, financial platforms, and subscription services. Document any sentimental digital possessions like photos, videos, and documents stored in the cloud.

2. Appoint a Digital Personal Representative

Just as you would select a personal representative for your will, choose a trusted individual to oversee your digital assets. Ensure they have the necessary information to access and manage your online accounts according to your wishes.

3. Specify Your Wishes

Incorporate your digital asset management preferences into your will or a separate document. Consider your final wishes about your social media profiles and make the necessary preparations. Specify in detail how confidential material should be handled.

4. Use Secure Password Management

Implement solid and unique passwords for each account and consider using a password manager. Share access details with your digital personal representative, keeping security a top priority.

5. Understand Platform Policies

Familiarize yourself with different platforms’ terms of service and policies. Some venues have specific procedures for handling the accounts of deceased users.

By embracing digital estate planning, you’re ensuring that cherished memories and meaningful digital possessions endure while easing the burden on your loved ones during an emotionally challenging time. Your online legacy is an integral part of your overall heritage, and just as you’d leave a physical inheritance, securing your digital legacy guarantees that your impact transcends generations. Remember, preparing today ensures that your digital footprint remains a guiding light for those who come after you.

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday August 17th, 2023.

In recent years, estate planning has undergone notable shifts due to changing legal landscapes. These changes often stem from alterations in tax codes, property laws, and regulations surrounding wills and trusts. Navigating these shifts requires vigilance and a willingness to adjust strategies to align with current laws. Let’s explore some key reasons why adapting to changing estate planning laws is crucial.

Tax Implications

Tax laws are notorious for their variability. Changes in estate tax laws can significantly impact the amount of wealth that is transferred to your heirs. Staying abreast of alterations in tax rates, exemptions, and deductions can help you optimize your estate plan to minimize tax liabilities and ensure your loved ones receive a larger portion of your assets.

Asset Protection

Legal changes can also influence how your assets are protected. Certain changes might affect the vulnerability of your assets to creditors or lawsuits. Adapting your estate plan to include trusts or other protective mechanisms can shield your assets from unforeseen circumstances.

Healthcare Directives

Estate planning isn’t just about the distribution of assets; it also encompasses your healthcare wishes. Changes in laws related to healthcare directives, powers of attorney, and living wills can impact how medical decisions are made on your behalf in case you’re unable to express your preferences. Ensuring your estate plan reflects your current healthcare wishes is essential.

Digital Assets

The rise of the digital age has introduced a new layer of complexity to estate planning. Laws governing digital assets, including online accounts, cryptocurrencies, and digital possessions, continue to evolve. Integrating provisions for the management and transfer of digital assets in your estate plan can prevent complications for your heirs.

Family Dynamics

Laws pertaining to family relationships, such as marriage, divorce, and adoption, can influence your estate plan. Changes in these areas might require adjustments to beneficiary designations, guardianship arrangements, or the distribution of assets among family members.

Regularly reviewing and updating your estate plan, perhaps every three to five years or whenever significant legal changes occur can help ensure that your legacy remains intact and your loved ones are well taken care of according to your wishes. 

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Friday July 14th, 2023.

Estate planning is an essential step to protecting and disbursing assets after one’s passing, yet many make critical errors which can compromise their intentions. To shed more light on this important topic, we turn to Wickersham & Bowers – Daytona Beach lawyers in estate planning who offer valuable insight on top estate planning mistakes to avoid

Failing to Create a Comprehensive Estate Plan

One of the most frequent errors people make is failing to create an in-depth estate plan. While many may believe a simple will is sufficient, this approach often leaves many aspects uncovered. According to Wickersham and Bowers’ guide for effective estate plans, a plan should also include durable power of attorney documents (DPA/HCP), healthcare proxy forms, trust documents (if desired) and possibly more – to cover financial matters, healthcare decisions and the distribution of assets upon incapacity or death.

Neglecting to Update the Estate Plan

Another costly error involves failing to regularly review your estate plan. Life can bring many changes such as marriage, divorce, births, deaths, and financial fluctuations that could significantly alter your estate plan. Wickersham and Bowers emphasize the importance of reviewing and updating it when life events such as marriage, divorce or births occur as they could significantly impact it; failing to do this could have serious repercussions; outdated information may lead to improper distribution or could exclude potential beneficiaries altogether.

Overlooking the Importance of Beneficiary Designations

Life insurance policies, retirement accounts and even bank accounts often require individuals to designate beneficiaries; unfortunately, many fail to update these designations when circumstances change, leading to unexpected distributions of assets. It’s important of regularly review and update beneficiary designations so they align with your wishes and overall estate plan.

Failing to Consider Tax Implications

Wickersham and Bowers advise seeking professional guidance for understanding potential tax implications as well as ways to lower them; through tools like trusts or gifting strategies you may be able to decrease the tax burden for your estate and keep more assets for beneficiaries – an approach to tax planning can make a real difference in its long-term financial wellbeing.

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday June 12th, 2023.

Estate planning plays a crucial role in protecting assets while efficiently passing them along to loved ones at minimal tax costs. By employing effective strategies, estate planning allows you to safeguard hard-earned wealth for generations while simultaneously minimising taxes. 

For optimal tax reduction, it is imperative to gain an intimate knowledge of estate taxes. Familiarize yourself with current estate tax laws and exemptions as well as thresholds and rates to stay informed and plan your estate strategically. Seeking professional assistance from an estate planning attorney or financial advisor may provide invaluable insight in navigating this arduous terrain.

Lifetime gifting is a powerful strategy to reduce estate taxes. By giving assets away during your lifetime to beneficiaries, you can reduce the overall size of your taxable estate and take advantage of the annual gift tax exclusion, which allows tax-free gifts of a certain amount each year per recipient – an approach which enables wealth transfer without incurring significant tax implications. For larger gifts that exceed this annual exclusion threshold, filing a gift tax return and using your lifetime exclusion could be necessary – for more details see this page on filing returns.

Trusts can be powerful estate planning tools, helping reduce taxes and protect assets. Consider setting up irrevocable trusts such as generation-skipping trusts to transfer wealth directly to future generations without incurring estate taxes. Trusts also allow flexibility and control over asset distribution with potential tax advantages – speaking with an experienced estate planning professional can assist in selecting suitable trust structures for you.

Certain assets, like life insurance policies and retirement accounts, may be transferred tax-free when designated as beneficiaries for them. By designating loved ones as beneficiaries for these accounts, you can ensure a tax-free transfer of wealth. It is crucial to review and revise beneficiary designations regularly so they align with your estate planning goals.

Estate planning requires careful legal and financial considerations. Hiring an experienced estate planning attorney or financial advisor can be invaluable in helping to navigate complex tax laws, identify personalized strategies and stay abreast of evolving regulations.

Take the necessary steps now to safeguard your legacy and prepare for tomorrow.

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday May 9th, 2023.

Estate planning is vitally important for high net worth individuals looking to secure their legacy and ensure their assets will be distributed according to their wishes after they pass. Here are some benefits of estate planning:

1. Protecting Your Family’s Financial Future

Estate planning helps safeguard your family’s financial future by outlining how your assets should be distributed among beneficiaries and can reduce tax liability for them.

2. Control Over Your Estate

An estate plan gives you full control of your estate. Without one, the courts would distribute assets according to state laws rather than according to your wishes – creating an estate plan helps ensure that assets are distributed as desired.

3. Protection for Your Business

Estate planning for business owners is even more essential. A detailed estate plan will protect your venture by making sure it continues operating successfully after you pass away and can include instructions regarding transfer of ownership and control to specific individuals or groups of people.

4. Privacy

Estate planning provides privacy. Without an estate plan in place, your assets and how they’re distributed become public record. By creating one instead, your financial affairs remain private as you provide peace of mind during an already difficult period for your loved ones.

To protect your legacy through estate planning, here are some steps you can take:

1. Create a Will

Establishing a will is the first step of estate planning. Your will should detail your preferences regarding asset distribution and caretaking responsibilities after your death.

2. Consider a Trust

Consider setting up a trust to safeguard your assets. A trust will enable you to transfer ownership while still having control of them.

3. Review and Update Your Estate Plan Regularly

Review and update your estate plan regularly, especially after experiencing significant life changes such as marriage, divorce or the birth of a child. Regular updates ensure that your estate plan accurately reflects your wishes while offering maximum protection to your assets.

Estate planning is essential for individuals with high net worth to secure their legacy and preserve assets after death, giving you peace of mind as well as providing peace for loved ones who depend on you.

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday April 11th, 2023.

Estate planning is the process of making arrangements for the management and distribution of one’s assets in case of death or incapacity. It is a complex undertaking that requires careful consideration of legal, financial, and tax matters. That is why working with an experienced estate planner is highly recommended – they provide expert guidance and advice.

Professional estate planners provide clients with personalized plans that address their individual needs and objectives. This involves assessing the client’s current financial situation, recognizing potential issues or obstacles, and devising strategies to minimize taxes while increasing estate value.

One of the major advantages of working with an estate planner is their specialized knowledge and expertise in this area. They are familiar with all relevant laws and regulations related to estate planning, providing valuable insights into complex tax and financial matters. Furthermore, they help clients navigate through often confusing and intricate world of estate planning, making the process as stress-free as possible.

Another essential role of a professional estate planner is to assist clients in creating an extensive estate plan that meets all their requirements and concerns. This may include identifying beneficiaries, setting trusts, creating wills, or living trusts, managing assets, and preparing for incapacity or disability through durable power of attorney documents or living wills.

When selecting a professional estate planner, it is essential to look for someone with the appropriate credentials and experience. Ideally, you want someone who is either a licensed attorney or certified public accountant with expertise in estate planning. Furthermore, look for someone whose clients have achieved success with their estate planning objectives.

In addition to qualifications and experience, there are other factors you should take into account when selecting a professional estate planner. These include their communication style and responsiveness. You want someone who is approachable and able to explain complex legal and financial concepts clearly and simply.

Finally, a professional estate planner’s role is to give clients peace of mind and assurance that their assets will be managed according to their wishes. By working with an experienced and qualified estate planner, you can guarantee your estate plan is comprehensive, efficient, and tailored specifically to your unique requirements and objectives.

At Wickersham and Bowers, we provide expert guidance and council.  

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Wednesday March 15th, 2023.

Estate planning is an essential aspect of financial planning that involves making arrangements to distribute your assets and property after your death. While many people think of estate planning as something that they need to do towards the end of their life, there are several benefits to starting the process earlier, including the use of lifetime gifts.

Lifetime gifts are a popular estate planning tool that allows you to transfer assets to your beneficiaries during your lifetime. These gifts can take many forms, from cash and real estate to stocks and bonds. Here are some of the benefits of lifetime gifts in estate planning.

Reduced Estate Taxes

One of the most significant benefits of lifetime gifts is that they can help reduce estate taxes. When you give gifts during your lifetime, they are not subject to estate tax. This means you can transfer more of your assets to your beneficiaries without worrying about a significant tax burden.

Avoiding Probate

Another advantage of lifetime gifts is that they help your beneficiaries avoid probate. Probate is the legal process after someone dies, where a court oversees the distribution of their assets. Probation can be a lengthy and expensive process, and it can also be emotionally draining for your loved ones. By making lifetime gifts, you can avoid probate and ensure your beneficiaries receive their inheritance more quickly and easily.

Asset Protection

Lifetime gifts can also be used to protect your assets from potential creditors. If you transfer assets to your beneficiaries during your lifetime, those assets are no longer considered part of your estate. This means that if you face financial difficulties or are sued by someone, those assets will be protected and cannot be seized by creditors.

Simplifying Your Estate

Finally, lifetime gifts can help simplify your estate planning. By making gifts during your lifetime, you can reduce the complexity of your estate and make it easier for your beneficiaries to manage your assets after your death. This can help distribute your assets according to your wishes and avoid conflicts among your loved ones.