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1/6/2012 12:45 PM ET | By Kiplinger's Personal Finance magazine
How to die the right way
These 8 steps can help ensure that your exit from this life goes as
smoothly as possible for you and your family -- and that you get the
send-off you want.
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Excuse No. 1: You're not going to die.
Excuse No. 2: You've been too busy.
Excuse No. 3: You can't stand thinking about a future
that doesn't include you.
If you're coming up with these or other reasons for not
planning for death, you're in good -- if not smart -company.
Just over one-third of Americans have a will, and fewer
than half have any estate-planning documents at all,
according to a 2011 survey conducted for EZLaw.com.
"People don't want to think about dying. They're uncomfortable with the topic," says Danielle Mayoras, co-author with
Andrew Mayoras of "Trial & Heirs: Famous Fortune Fights." "For that reason, they don't do anything about estate
planning."
But making arrangements for your final days and beyond isn't just about helping your family
through difficult times. It also lets you designate representatives to make decisions about your
care, withdraw money from your accounts to pay your bills and celebrate your existence in exactly
the way you want -- even if that means letting you take your last ride, to the cemetery, in a lessthan-likely vehicle.
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1. Write a will
If you die without a will, complete strangers will decide how to split up your estate and raise your children. It's called
dying intestate, an act (or failure to act) that leaves the divvying-up process to state law. In lieu of a will, the court
gives first dibs to a spouse and children, followed by other relatives. If you have no family, your property goes to the
state. And unless you appoint a guardian for your minor children in a legally executed will, their future will be
determined by the court.
Don't let those things happen. You can make out your
own will for $70 or less at a do-it-yourself website, such
as LegalZoom.com. If your circumstances are at all
complex, you'll need a lawyer, who will charge about
$300 to draw up a simple will and $1,000 to $3,000 for
an estate plan that involves a will and a trust.
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Be sure to update these documents periodically to
account for major events, such as the birth of a child. If
you don't, you could create the very mess you were
trying to avoid.
Are you saving enough
for retirement?
Calculate how long your
savings will last.
2. Consider life insurance
You can skip life insurance if you have no one to support
or you have enough money socked away to provide for
your spouse or partner. Otherwise, you'll need enough
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coverage to meet your family's expenses when you
can't.
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To figure out how much life insurance you need,
estimate what it would cost to pay off your debts, such as
a mortgage and car loans, and to fund savings goals,
such as college for your kids. With these needs
accounted for, your family may be able to live
comfortably on about half of your current pretax income.
Multiply that annual amount by 20 to determine how
much coverage you'll need. For example, it would take
$1 million to produce $50,000 of annual income.
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To calculate your total death-benefit needs, add up the amounts for paying off your debts, funding savings goals and
providing annual income. But don't take that number as gospel, says Tim Maurer, a fee-only financial planner in
Hunt Valley, Md. "It can be geared up or down, depending on your situation."
Term life insurance, which carries a fixed premium over the life of the term (usually 20 years), can be surprisingly
affordable, even for large amounts. For instance, a 35-year-old male nonsmoker might pay $470 a year for a 20-year
term policy carrying a $1 million death benefit.
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3. Establish critical end-of-life documents
"A lot of people think that estate planning is only for when they die," says Danielle Mayoras. "It's also to take care of
us during our lifetimes." To help family members carry out your wishes if you cannot, provide them with these
documents:
A release-of-information form gives doctors permission to share your medical records with designated
representatives.
Advance directives provides guidance when you are alive but incapacitated. A durable power of attorney for
health care names a representative to make medical decisions on your behalf. A living will specifies the medical
treatment you do or do not want at the end of your life.
Continued: Avoid probate
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1/16/2012 10:26 AM
I didn't come here to go to church. Why is it that the believers feel so compelled to sell me on their
idea? I have no intention of trying to make them question their religion but they seem hell bent on
blabbing about something that can neither be proven or disproven.
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myownpin
1/10/2012 8:38 PM
As of this time when my husband dies, everything goes to me. If I die first, everything goes to him.
After we're both gone and some money is distributed, most will be given away to charities instead of
going to the government. I'm still working on the animal part. That's the toughest part of the
equation. Then as far as the money part, I guess I'm hoping there will still be something left when we
both die and that the state or federal government hasn't taken everything before then. The way
things are going the government will probably do away with the charitable deduction, but if my
husband and I are both gone, who cares?
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Prince of Darkness
1/10/2012 8:03 PM
freedomfromthepress,! your calculations are quite deficient. Since 1983 workers have been paying
13% of their pay into Social Security. This includes the employer's half (but should be considered the
employees burden). Factoring in a conservative 4% annual return and it will take 20+ years to recoup
from SS what was paid in. The system may be going broke, but that's because prior generations
(think "Greatest Generation" ) have been receiving far more in benefits than what they contributed
over their working lives. For Baby Boomers the story is quite different. Boomers will be shortchanged
by SS.
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freedomfromthepress
1/10/2012 7:51 PM
Richard Walker
You are correct. 'Lenny-Yardbird' is way out in left field. This year made 60 consecutive years that
my dad has paid into Social Security. For the vast majority of them, he paid the maximum. He is an
accountant (among other things) and literally has every tax return, etc. for all that time. When he
began drawing his SS, he put a spread sheet together. It showed every penny he had paid in, how
much he was drawing, etc. It took him right at 4 years to draw out every penny he put in. If he hadn't
still been paying in, it would have taken 3 years and 7 months. He got curious and got several of his
friends to let him 'math' their SS. In every case it took between 3-1/2 and 4 years to draw out every
penny they had put in. In just a few more years they had drawn out the interest their money had
earned also. Did a little research and found out that EVERYONE draws out EVERY penny they put
More
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liasaddy
1/10/2012 7:38 PM
The first step in dying "right" is to know where you are going! Read John 3:16. That's the first step in
deciding what choice you will make. It is a choice, and if you fear the hereafter, you need to take it
seriously. The word of God has all the answers, you just need to read it, starting with John, read the
first 4 gospels several times. You will find information that you will be surprised by. You have
nothing to lose but your fear, Try it, you will see. After you are comfortable with those first 4 gospels,
then read more of the new testament. The old testament is a mirror of the new, and will be of interest
to you when you begin to mature in your new found faith. I am telling you this from the viewpoint of
someone who came knowing nothing, but wanting "something." I found everything I needed there,
and I no longer fear, but feel peaceful. Now worry about the finances. Most of us don't have enough
to worry about!
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Sam Fox
1/10/2012 6:31 PM
It is sad to see that so many disagree with what GOD told us in HIS word
but HE told us also “That some become so smart they become as fools” and
now we have the score to prove it.
Sam Fox
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merlin granberg (m granberg)
1/10/2012 5:38 PM
Our Government has a 55% death tax so if you want to avoid the Government taking all your money
when you die, the IRS allows any one a one time tax free gift to any one you choose,then that person
can do the same to others as well.
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paularp
1/10/2012 4:58 PM
I recently went through the death of my husband of 33 years. Although we had time to discuss his
wishes and other arrangements, there is still the grieving and having no documents in writing made it
so much more difficult. If there is any advice I could give to anyone, young or old is to have you
affairs in order. You never know when you will need them. That means Life Insurance, a Will, a Trust,
Medical Directives and funeral and burial arrangements. I wish I would have had these all in place
prior to his death. It would have made things so much easier.
As for how to divide up an estate, that too is something that should be discussed prior to death so all
are on the same page. This can alleviate a tremendous amount of family conflict and the last thing a
grieving person needs is conflict.
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shafer1217
1/10/2012 4:32 PM
I think the best use of whatever is left from 45 years of working should NOT go to my children but to
the grandchildren. Perhaps they can be smarter than their parents and assuredly smarter than their
grandparents. Therefore, my advice to everyone whenever asked about wills, trusts, etc. is "skip a
generation" and give whatever is left after pre-paying for your cremation and no debt and no cares
about whatever the bank will do with the house to the grandkids or to your favorite LOCAL charity
(forget the big boys, except for the Salvation Army, for they are all crooks anyway).
Have a grand life and make certain you teach your grandchildren how to recognize idiots.
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actorboy
1/10/2012 3:02 PM
Of course if you die with little or nothing it's real easy to divey up.
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RICHARD WALKER
1/10/2012 9:19 AM
Lenny-Yardbird - I think you're entitled to all the money that you get from SS no matter how much
money they made no one could have paid in $1.5mm. Even today the most anyone pays in a year is
somewhere around $7000. 50 years ago it probably would have been hundreds in a year. If you
took the position that you could have invested the money you would have had to put in $3500 per
year for 50 years and had an average return of 6%. Not possible
5
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JoeP731
1/10/2012 3:10 AM
It's simple - we are not leaving the kids/grand-kids anything. We are now retired and what little we
have we are spending on ourselves. We did our part, gave them a good home, helped where we
could with their education, cars, car insurance, etc., clothed and fed them. Loaned them money that
never has been paid back. Time for them to step up to the plate now.
One adult child called us when we were out shopping and wanted to know where we were. We told
him we were out spending his inheritance.
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Sam Fox
1/09/2012 11:47 PM
The thing that is most important to me is that when I die
where will I go! John 3-16 will tell you just don’t wait to
long to read it and heed it! You will not be given a second
chance. O what a price to pay GOD sent HIS only SON to
die for you now all you have to do is except HIM.
Sam Fox
40
marisa9497
39
1/09/2012 10:50 PM
My husband keeps putting me off from getting a will done. He thinks that we will both live to an
old age and have plenty of time to get this done. Only he has income from his own LLC company,
which I would not be able to run in the event of his death; he has some debt but no life insurance to
cover it. Fortunately our home is paid for and we have no personal debt.
We don't have any children, but we have never discussed if we should leave assets to relatives or
our favorite charities. We have dogs with no provision for them to be taken care of.
They only thing I've done is verbally directed my husband that he have a green funeral for me, and
I've selected organ donor on my driver's license in the event of a fatal car accident.
This is sad because we are educated but lack the will (pun intended) to get things done for our
eventual deaths.
More
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td49
1/09/2012 7:32 PM
watch money grabbing relatives
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Upper Mid-west Guy
1/09/2012 7:31 PM
Wills minimize Probate, Trusts minimize Taxes. Even estates with a will go through Probate, but it is
nearly a rubber stamp approval rather than a protracted series of expensive hearings.
There are instances where dying intestate is a benefit to your intended heirs. My former Brother-InLaw died last year with no will. With no spouse and two adult children our state's Estate Laws
mandated his estate be split 50/50 between his two daughters - his wishes. With no Will his
worthless POS brother and gold-digging sister could not fight the property disposal decision! If he
had left a will they almost certainly would have tried to fight it in court.
I do not recommend dying intestate but there are rare circumstances where it will be a benefit to your
More
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fiveofnine
1/09/2012 6:38 PM
People that die without a Will or Trust leave their heirs a terrible mess. And if you are content to let
the government deal with it, then we the taxpayers pay for taking care of your estate.
This is a good article and hits the main points of estate preparation, but there is so much more. What
about your car, phone, on-line accounts, credit cards, store cards, loans, insurance, utilities,
employment benefits, notifying social security, family, friends, doctors, dentists and other
organizations, cancelling subscriptions to magazines, newspapers, cable TV...?
The only company that takes care of everything is Family Matters USA.
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mauro802
1/09/2012 6:24 PM
so why we have to worried about die any way all this work for money and people worried about
somebody else money come on fix you own problems
3
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Someone (jerry bernstein)
1/09/2012 6:03 PM
Seriously, even in a community property state you need at least a will (a will is enough if the estate is
small enough to avoid a probate....but if there would be a probate - you want a REVOCABLE
TRUST). Probates can take years if things are complicated (ex: you leave something to someone
who dies shortly after you do....not good). With a trust: it's cheaper than a probate and FASTER
(weeks or a few months - not years). Probate has court fees, referee fees, appraisal fees, trustee
fees, etc., etc. - none of that in a Trust. So you may pay an attorney $1500-2500 for a trust instead of
using a $100 online will form - and it will still be a lot cheaper, easier, and faster with a Trust. Plus an
attorney makes sure there are no mistakes - and even asks you questions you may not have thought
about.
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1/09/2012 5:46 PM
Someone
Please do not listen to Mister Manners, who says if you are married, you do not need a will. In
some states, a spouse may not receive all of your assets if you don't have a will. For example,
in New York the spouse gets the first $50,000, but then the spouse and children split the rest
50/50. If this is not what you want, you need a will. Don't assume that your spouse will get
everything.
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