How to Smooth the Path to Your Children’s Inheritance

Mushkatel, Gobbato, & Kile, P.L.L.C. | Estate Planning
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    Most Arizonans who make an estate plan have two basic goals:

    1. To leave instructions that express how they want their estates to be distributed
    2. To make the process as simple as possible for their children or other loved ones.

    A Peoria, Arizona estate planning lawyer can help you create an estate plan that meets these needs for you.

    These tips for making may simplify the process of estate planning and of your wishes being honored:

    1. Communicate. According to one survey by Fidelity Investments, adult children underestimate the value of their parents’ estates by about $100,000 on average. Communicate early and often so your children know what assets you have, the estate’s value, and how to manage the estate when you pass away or if you become unable to manage them on your own.
    2. Distribute equally when possible. Leaving an equal inheritance to each child can reduce the risk of a lengthy court battle tying up inheritance assets. If you plan to leave unequal amounts to each child, however, explaining clearly why you have made this decision can also help reduce animosity. An attorney can help you draft this explanation in clear language a court can understand.
    3. Distribute assets yourself. Distributing some assets before you die may provide a few benefits. First, it ensures that the person whom you wish to receive the assets actually gets them. Second, it may help avoid certain estate taxes by taking advantage of the gift exception or other tax exceptions. Also, many people enjoy seeing their beneficiaries enjoy their inheritances.
    4. Use a trust to maintain control. If you are concerned about how children will use funds, consider putting them in a trust. A trust can impose rules and preconditions for asset use, such as an age limit for distribution or distribution only when the beneficiary completes a certain goal, like finishing college. Your attorney can help you create a trust that clearly establishes your intentions.

    To learn more about your options in estate planning, call Mushkatel, Gobbato, & Kile, P.L.L.C. at (480) 467-3434.

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    About the Author

    Zachary Mushkatel

    Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.