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Monday, July 12, 2021
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pratiyogita
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article page no If you are getting a
divorce from your spouse, you have a lot of planning to do. You will need to
name your own beneficiaries, organize your divided assets, and set up your
individual estate. If you are getting a divorce from your spouse, you have a
lot of planning to do. You will need to name your own beneficiaries, organize
your divided assets, and set up your individual estate. It is important that
you meet with a qualified attorney to discuss the specifics of planning your
estate to ensure that your wishes are carried out as you desire. You need to be
well versed in the most strategic methods of dividing your joint estate so that
you do not end up paying all of the taxes while he or she enjoys the benefits
of your assets. I have outlined some important information for you to be aware
of when planning your estate after your divorce. Please keep in mind that
divorces lend themselves to new structures for individuals. You will want to
meet with a qualified attorney to discuss how to best protect your new estate.
Assigning Your Beneficiary During your marriage, chances are your spouse was
the sole or major beneficiary of your estate. After your divorce, it is
important that you designate a new beneficiary on all of your documents and for
all of your accounts. The federal law called ERISA pre-empts state laws that
automatically remove an ex-spouse as the beneficiary of retirement plans.
Therefore, it’s important that you remove the ex-spouse as the beneficiary
unless you wish for him or her to remain as your designated beneficiary. Please
note: Once you re-name your beneficiary, it is possible that your ex-spouse
will still retain the rights to part of your retirement benefits that you
accrued during the time of your marriage. I recommend consulting with a qualified
estate planning attorney to determine just how much of your benefits and estate
will be designated to your ex-spouse after your divorce. Dividing Your Assets
During the course of your divorce, you and your ex-spouse determine how your
joint estate will be divided. Take a minute to review a few assets that you
will need to divide: 1) appreciated assets, such as mutual funds, and stocks;
2) real estate, including investments, repairs, insurances and mortgages; 3)
personal property, such as jewelry, artwork and clothes; 4) retirement plans,
such as qualified plans and IRA’s; and 5) your home, which can be divided in
different ways to meet both parties’ financial needs. Establishing a Trust Many
people will create a Trust to ensure that a designated Trustee will have
control over funds after death. There are three Trusts that you can explore
when planning your estate: 1. The
Revocable Living Trust helps you avoid probate by allowing your Trustee to
distribute your assets according to the instructions that you have outlined.
2. The Children’s Trust allows you to
designate funds that your child will use later in his life to pay for his
education, home, etc. 3. The Irrevocable
Life Insurance Trust, otherwise known as “ILIT”, allows you to distribute the
death benefit estate tax-free when and how you want, even long after you’re
gone. Divorce is never easy. It’s typically a very long and arduous process as
both parties work to get their portions of the shared assets. If you’re going
through a divorce it is important to speak with a qualified attorney who can
walk you through all of the tax and asset considerations that you need to be
aware of to ensure that you receive the best possible settlement. pratiyogita
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