As you begin the process of planning for your estate, you may find yourself focusing on the various provisions that you want to include in a living trust. The trust is often the aspect of ancillary documents to an estate plan. It is important to remember, however, that a living trust alone is not enough for an efficient and effective estate plan.
The following are the common ancillary documents that are important to consider using alongside your revocable trust as part of a complete estate plan:
- Last Will and Testament
- Advanced Directive
- Durable Power of Attorney
- Supplemental trusts, such as a trust for a special needs child or a trust set up for retirement accounts
- Corporate succession planning documents, such as buy-sell agreements or operating agreements
Only an experienced attorney who understands the importance of creating a thorough Orange County estate plan can recommend or review your plan to ensure that all of your goals are accomplished. Failing to use the proper ancillary documents alongside your trust may minimize its effectiveness at the time of your disability or when you pass away. Ancillary documents can accomplish the following:
- Make sure that any assets not held in your trust at the time of your passing will get into the trust eventually by virtue of the “pour over” provision.
- Outline your specific wishes for end-of-life healthcare.
- Allow your spouse or other agent to access your bank accounts to move funds, update information, or accomplish other tasks that would ordinarily only be accomplished by the account holder.
- Appoint someone to serve in the role of executor, trustee, healthcare proxy agent, or durable power of attorney.
As part of an effective Orange County estate plan, it is vital to draft not just the will but also all of the documents to an estate plan View here for more.Our guide, Understanding the Revocable Living Trust – In Language that Anyone Can Understand in 8 Minutes, provides helpful information about the role of your living trust in your overall estate plan. To learn more, contact an experienced Orange County estate planning lawyer today at (714) 459-5481.