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Estate planning is so vitally important to all of us. Without planning,
our children may not see the benefits of our hard work because they
may lose it to estate taxes. Estate taxes currently run as high
as 55%, so they could easily be the largest single expense that
any family may face in a lifetime. Complicating the issue for farmland
owners is the fact that most of the family wealth may be locked
up in the land. Thus, the land may need to be sold in order to pay
the taxes due, which could greatly hinder a farming operation.
Do you remember the definition of estate planning adopted by the
National Network of Estate Planning Attorneys? That definition is:
"I want to control my property while I am alive and well,
care for myself and my loved ones if I become disabled, and be able
to give what I have to whom I want, the way I want, and when I want,
and, if I can, I want to save every last tax dollar, attorney fee,
and court cost possible."
This definition covers all aspects. It covers the present situation
while "I" am alive. It covers the time when "I"
may be disabled or unable to make sound decisions. It then states
the objective of passing "my" estate to whom "I"
want, . . . and save taxes and costs in the process. This definition
then brings about the first basic questions that your estate plan
must be based upon. That is, Who should inherit my estate? How can
I provide for my spouse? Should my children share equally in my
inheritance? What about a child with special needs? Should I pass
it on to grandchildren? Should I give some to charity?
If you can answer these questions you will have established a solid
foundation for your estate plan. From there you can concentrate
on how to proceed with your plan and what tools are most appropriate
for you.
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