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Writer's pictureTony Betancourt, CFP®

What is the process for determining the recipients of your assets after you pass away?


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Estate planning is a complex process that involves making several critical decisions. One of the most significant choices you will make is determining who will inherit your wealth. While some individuals might opt to leave their estate to their spouse and children, others may have specific goals, such as philanthropy or providing for a beloved pet.


Regardless of the direction you choose, several factors require consideration. In this blog post, we will cover various aspects of estate planning, particularly focusing on how to decide who inherits your estate.

Leaving Wealth to Your Spouse

Typically, when a married couple jointly owns assets, the surviving spouse automatically inherits the property. This joint ownership is known as "jointly with rights of survivorship." While there are options to opt out of this common ownership, most couples open new accounts or buy assets together, making it easy for the surviving spouse to inherit them.


Wills and trusts are useful tools to designate secondary beneficiaries should something unexpected happen to your spouse. In the event of a divorce, updating beneficiaries on accounts and life insurance policies is essential to avoid inadvertently passing assets along to an ex-spouse.

Leaving Wealth to Your Children

Splitting an estate equally between all children is often the fairest and least controversial choice. However, there are situations where an equal distribution may not accurately reflect your family circumstances.


For example, you may decide to leave more to the children who have been less favored, providing them with the financial support they need. Alternatively, you may want to leave more assets to a child with a mental or emotional disability who is not capable of providing for themselves.

Another consideration is to leave more assets to a child who committed significant time and resources to providing care during your lifetime. If you decide to leave different amounts to each child, it is essential to be aware that this choice may lead to hurt feelings or resentment. It is, therefore, crucial to communicate your wishes and reasoning with your children while you are still alive.

Leaving Wealth to Charity

Donating assets to charity is another option worth considering, either as a primary or contingent beneficiary. It is also an effective way to reduce a potential estate tax burden.


  1. You can make a charitable bequest by stating that you wish to leave a certain amount or specific accounts to a favored charity.

  2. Naming a charity as an account beneficiary is another way to leave assets to a charity.

  3. Establishing a donor-advised fund or charitable foundation allows you to create legacy gifting schemes to your preferred charitable entities and causes.

It is vital to communicate your wishes clearly to family members to help ensure that your assets are passed along uncontested. Advanced planning and difficult conversations can go a long way toward ensuring that your charitable giving wishes are carried out.

Gifts to Other Relatives, Friends, or Pets

Apart from spouses and children, other relatives, friends, or pets may be beneficiaries of your estate. When making gifts of pets, consider who will care for them and whether you would like to provide cash for their care. In the case of relatives or friends, you may consider making a gift of a tangible asset, a specific dollar amount, or a percentage of your estate.

Conclusion

Deciding who inherits your estate is an important decision, and there are several factors to consider when estate planning. Whether you opt to leave your estate to your spouse, children, or charity, it is essential to communicate your wishes clearly and plan for contingencies to ensure that your estate is distributed as per your wishes.


With advanced planning and informed decision-making, you can create a comprehensive estate plan that provides for your loved ones and protects your assets.



The commentary provided here is solely for general information purposes and should not be interpreted as legal, tax, or investment advice, nor does it establish an attorney-client relationship. It's important to note that past market performance is not a guarantee of future results. While the information presented has been gathered from reliable sources, it is not guaranteed.

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