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Tessa MacDonald

Estate Planning Essentials for Delaware Residents

paper with living trust & estate planning and gavel

Planning for the future is something we all need to consider, but estate planning often feels overwhelming. That's why here at B.I.G. Investment Services, we want to make it simple and easy for Delaware residents like you to understand the essentials of estate planning and how to protect your legacy.


Whether you’re starting from scratch or revisiting your plan, we’ve got you covered with expert advice.


What Is Estate Planning, and Why Does It Matter?

Estate planning isn't just for the 'super-rich'--it's important for everyone! It's ensuring that your belongings—like your home and personal items—are taken care of the way you want after you're gone.


Without an estate plan, your loved ones could run into legal issues, pay unnecessary taxes, and deal with delays when they're already going through a tough time. Hence, by planning ahead, you can make sure your family is looked after and your assets are distributed smoothly.


Basic Components of Estate Planning


Wills

Your will is the foundation of your estate plan–the legal document that tells everyone who gets what when you're gone, who will look after your minor kids, and who will take charge of your estate. Now if you don’t have one, Delaware courts will step in and distribute your assets based on state law, which might not be what you want. So, it's super important to have one!


Trusts 

Trusts are a great way to avoid probate (we'll dive into that more later) and give you more say over how and when your assets are shared. There are also different types of trusts, like revocable living trusts and irrevocable trusts, and you can tweak them to match your unique needs.


Power of Attorney

A power of attorney lets someone you trust to take care of your financial and legal matters when you can't, which is essential for making sure your bills get paid and your finances stay in good shape!


Healthcare Directive/ Living Will 

This document shares all your medical wishes in case you can't communicate them yourself. It’s also a great way to lighten the load for your family by clarifying your healthcare preferences.


Beneficiary Designations 

Did you know many assets, such as retirement accounts, life insurance policies, and even some bank accounts, let you name a beneficiary? And keeping your beneficiary designations up to date is a must too, because it helps ensure your loved ones receive those assets directly, without having to go through probate.


senior couple talking to a financial advisor

Why You Need a Financial Advisor for Estate Planning

Okay, now that you’ve got the basics down, you might be thinking, “Why should I bring a financial advisor into my estate planning?” Well, let me tell you—it's a smart move!


Holistic Financial Guidance 

Here at B.I.G. Investment Services, our financial advisors take a holistic approach to your finances. We help you blend your estate planning with your overall financial strategy, making sure everything works together smoothly.


Remember, your estate plan is a living document, so as your financial situation changes, we’ll also make sure your plan evolves with it!


Tax Efficiency 

When it comes to estate planning, it’s not just about passing on your wealth; it’s also about doing it in a way that keeps taxes to a minimum.


Did you know that Delaware doesn’t have an estate tax? But if you own property in another state or have considerable assets, federal estate taxes might come into play. That’s where a financial advisor estate planning team can help out!


They can collaborate with your attorney to find ways to reduce your tax burden, so your heirs get to keep as much of your estate as possible.


Custom Solutions for Delaware Residents 

We know that estate laws here are a bit different. So our team of expert financial advisors focuses on estate planning solutions that truly fit right into your local regulations. We're here to help you understand the ins and outs of Delaware estate law and steer clear of any potential pitfalls!


Special Concerns for Delaware Property Owners


Real Estate Ownership Structures 

How you title your real estate can make a big difference!


For example, if you own property as joint tenants with the right of survivorship, it means that when you pass away, the property will automatically go to your co-owner, skipping the whole probate process. But if you own it as tenants in common, your share will be handed out according to your will. That's why it is important to know how these options work!


Probate in Delaware 

Delaware's probate laws are pretty straightforward, but just like in many other states, the probate process can be a bit of a hassle—time-consuming and costly. A lot of folks use trusts and joint ownership to skip probate altogether, making it easier to pass on assets to their heirs.


Delaware’s Inheritance Laws

Now, here’s the deal: Delaware doesn’t have an inheritance tax, which is great news! However, you still need to keep an eye on federal estate taxes.


If your estate goes over a certain limit, you could end up owing federal taxes. Plus, if you’re a Delaware resident with property in other states, you might also have to deal with those states' inheritance or estate taxes too. So yes, it can get a bit complicated, and it’s good to be aware!


Bonus: How to Avoid Probate in Delaware

Probate is the legal process where a court steps in to manage the distribution of someone's estate after they pass away. While Delaware's probate process isn't too complicated, it can take a lot of time and be quite public, which is why many folks want to steer clear of it.

So, here are some friendly tips on how you can skip probate altogether:


Set Up a Revocable Living Trust: A smart way to steer clear of probate as when you put your assets into a trust, they can go straight to your loved ones without any court hassle. 


Joint Ownership: Now if you own assets together with someone and have the right of survivorship, those assets will automatically pass to the other person when one of you is gone—no probate needed! 


Payable-on-Death Accounts: Another easy trick is to name beneficiaries for your bank accounts, retirement plans, and life insurance. This way, all your funds can go directly to them without going through probate.


Most importantly–when you team up with a financial advisor who understands Delaware estate planning, you can craft a plan that makes transferring your assets a breeze and keeps those legal headaches to a minimum.


probate law with gavel

The Importance of Updating Beneficiary Designations With Your Trusted Financial Advisor Estate Planning


Life Changes 

Marriage or Divorce: If you’re getting married or going through a divorce, updating your beneficiary designations makes your assets go where you want them to, based on your current situation. 


Birth or Adoption: Welcoming a new child or adopting? Make sure to add those little ones to your accounts and policies as new beneficiaries to keep everything up to date!


Regular Reviews 

Annual Check-ins: It’s smart to review your beneficiary designations every year. This way, you can also ensure they still fit your estate planning goals and reflect any changes in your life. 


Coordination with Estate Plan: Don't forget to check that your beneficiary designations match up with your will and trust documents too. This will help avoid any conflicts or surprises later on!


Avoiding Unintended Consequences

  • Outdated Beneficiaries: If you don’t keep your beneficiary designations up to date, your assets might end up with the wrong people, which could lead to family drama.

  • Contingent Beneficiaries: Make sure to name contingent beneficiaries too. That way, if your main beneficiary passes away before you, your assets will still go to the people you want.


Note that our Delaware estate planning services and Delaware estate planning advice include regular reviews of beneficiary designations to ensure your estate plan remains effective and aligned with your goals.


Take the Next Step in Your Estate Planning Delaware Journey

Whether you need help setting up a will, or trust, or updating your beneficiary designations, we’re ready to assist.



Let’s start planning your future together.

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