"Women In Agriculture Educational Program on the Necessity of Proper Estate Planning"
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Southern University Agricultural Research and Extension Center "Women In Agriculture--Educational Program on the Necessity of Proper Estate Planning" By Attorney Anna M. Jackson Agricultural Specialist National Extension Women in Agriculture Education Conference St. Louis, Missouri April 6-7, 2006 “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center WHAT IS YOUR ESTATE? • Consists Of The Property You Own At Your Death • Includes items such as: real estate (immovable property), stocks, bonds, cash, business interests, life insurance, retirement accounts, benefits, certificates of deposits, bank accounts, furniture, jewelry, clothes, etc. • Must Plan For It • As Long As You Are Alive, Never Too Late To Plan “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center PREPARATION FOR ESTATE PLANNING You Must Know And Consider The Following: • What Property Or Other Items Do I Own • Where Are These Items Located • Are Each of These Items in a Proper State to Transfer • Who Are the People Who Depend Upon You For Support • What Will Happen To Me if I Become Incompetent in the Future “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center PREPARATION FOR ESTATE PLANNING cont. • What Plans Do I Need To Make For Long Term Care • What Type of Extraordinary Medical Treatments Would I Prefer or Not Prefer • What Type of Funeral, Memorial, Cremation Arrangements Do I Want “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center PREPARING AN ESTATE PLAN • Learn the Terminology • Set Goals • Seek Professional Advice and Assistance • Update and Keep Your Plan Current “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center KEY DOCUMENTS OF ESTATE PLANNING • Will-legally binding document, contains instructions that guide the actions of your personal representative (executor) • Durable Power of Attorney-appoint a person to act as an agent (on your behalf ) for various matters • Health Care Power of Attorney-appoint a person to made decisions regarding health care “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center KEY DOCUMENTS OF ESTATE PLANNING Cont. • Living Will-type of extraordinary medical care expected when health is poor • Trust-legal title of property is held and managed for the benefit of someone else (different from a will—not probated) “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center ESTATE PLANNING ISSUES TO CONSIDER • Who Will Receive Your Property • Who Will Be Your Executor/Trustee • Who Will Raise Your Minor Children • Will a minor Inherit Your Property • Is a Trust or a Will Right For You • Who Will Make Decisions For You When You Cannot “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center TRANSFERRING A FARM—FACTORS TO CONSIDER • Your Financial Security In Retirement • Financial Position of the Person Taking Over the Farm • Social Security Position • Tax Considerations Purchased Farm Inherited Farm Selling Crop or Livestock Self Employment Tax Sale of Breeding Stock and Machinery “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center TRANSFERRING A FARM—FACTORS TO CONSIDER cont. • Alternate transfer – Leasing • Selling Real Estate “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center SOURCES OF RETIREMENT INCOME • • • • • • • • • Social Security Rental or Lease of Immovable Farm Property Pensions from Off Farm Employment Savings and Savings Bonds Off Farm Investments (Stocks/Mutual Funds, etc.) Certificates of Deposits Annuities Trusts Insurance “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center TOOLS OF ESTATE PLANNING • List of Assets (and their Value) in Proper Form • Original and Copies of All Documents • Place to Store Documents • Appointed Power of Attorney • Will and/or Trust • Plan for Retirement “Linking Citizens of Louisiana with Opportunities for Success” Southern University Agricultural Research and Extension Center Contact Information: Anna M. Jackson, Esq. Southern University Ag Center Ashford O. Williams Hall P.O. Box 10010 Baton Rouge, Louisiana 70813 Tel. 225-771-2242 ext. 319 Fax 225-771-2861 Email: [email protected] “Linking Citizens of Louisiana with Opportunities for Success”