Checklist of Reasons
for Pennsylvania Residents to
Update Your Will and Estate Plan
Changes in the Federal Tax laws since your last update may affect your will and plan.
Federal Estate Tax law has been changed by Congress in recent years.
Federal Estate tax law has built in changes which took
place in 1998, 1999, 2000, 2002, 2004 and 2006.
Federal Estate tax law has more built in changes
for 2009, 2010 and 2011.
There may be new ways for you to
save Federal Estate Tax.
Changes in the Pennsylvania laws since your last update may affect your will and plan.
There may be new ways for you to
save Pennsylvania Inheritance Tax.
The size of your
estate may have increased or decreased due to the
stock market or for other reasons, making changes in your will appropriate
- there may be additional taxes to pay if you do not change your plan.
Changes in the tax laws may mean that the size of your potential tax bill may have increased even if the size of your estate remained relatively the same. This could require a change in your will or estate plan just to keep its effects the same for your family.
The specific assets in your potential estate may have changed, making changes in your will appropriate, even if the dollar amount of the estate is roughly the same.
The amount of your life insurance may have increased or decreased.
The size of your retirement plan or IRA accounts may have changed.
The beneficiary designations on your life insurance may not be coordinated with your will or may need to be changed for other reasons.
The beneficiary designations on your retirement plans may not be coordinated with your will or may not comply with recent changes in IRS regulations or may need to be changed for other reasons.
There may have been changes in your family since your last will update - births, adoptions, marriages, divorces or deaths.
You may have changed your mind about the need for trusts for your children.
You may wish to make gifts to children, grandchildren or other persons to reduce your overall tax burden.
You may now wish to change your earlier decision not to take advantage of certain tax-saving techniques because your changed circumstances have reduced the negative consequences of those techniques. Alternatively, you may wish to change your earlier decision to take advantage of tax-savings techniques that complicated your estate plan because changed circumstances render those techniques unnecessary and you would prefer a more simple plan.
You may simply have changed your mind about the gifts you have provided in your will - either the persons who should receive gifts or the amounts of the gifts.
You may have changed your mind about the person or persons you have named as executor of your estate, trustee of any trusts you have created or guardian of your minor children.
Your may have forgotten
to follow through with the implementation of your
estate plan beyond signing your will and you need to be reminded of the
other things that must be done so that the plan works as you intended it
to work.
Did you change title to your assets as necessary?
Did you name the right person as your life insurance primary beneficiary?
Did you name the right person as your life insurance contingent beneficiary?
Did you name the right persons as your retirement plan/IRS beneficiaries?
Is your life insurance owned by the proper person or entity?
Are you following proper procedures for your irrevocable life insurance trust?
You may have forgotten how your estate plan is supposed
to work and you need to have it explained again so you can confirm that
it still meets your needs and desires.
You should periodically confirm that your will and estate plan continue to meet your goals and expectations.
You may have attempted to change your will yourself. You
may have done it incorrectly so that the desired change was not accomplished.
The entire will may now be invalid or you may have unknowingly caused a
change that you never intended.
Warning: This Checklist is for informational purposes only
and does not constitute legal advice. There may be other reasons why a
particular person should update his or her will and estate plan and some
or all the reasons listed here may not apply to any particular person. You
should consult an attorney in the state where you reside to determine when
and how often you should review your own will and estate plan.
| Notice Pursuant to Final Regulations Under Circular
230, effective June 20, 2005 |
| The opinions contained in any communication on
the web site are not intended or written to be used, and cannot be used,
by any taxpayer for the purpose of avoiding penalties that may be imposed
on the taxpayer under the Internal Revenue Code. |
Updated November 2006
© 2002-2003-2004-2005-2006 Marc H. Jaffe
Fromhold Jaffe
& Adams
Attorneys at Law
Villanova Center - Suite 220
789 East Lancaster Avenue
Villanova, Pennsylvania 19085
610-527-9100
www.fromholdjaffe.com
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