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Foundational Fundamentals

Provided by the Law Offices of RICHARD MAYBERRY
MAYBERRY LAW FIRM
2010 Corporate Ridge
McLean, VA 22102
(703)714-1554

Committed to providing the highest quality estate planning legal services for individuals, families and businesses

     Is your financial and legal house in order? Does it have a solid foundation based on sound planning principles? Remember the old shop-worn, but true saying: Most people do not plan to fail…they simply fail to make plans. In this article we will survey some of the financial and legal fundamentals that make up a comprehensive Financial & Legal Plan. Think about how your own planning measures up as you read along.

Financial Planning
     Do you know what you own, what you owe, from where your cash flow comes, to where your cash flow goes and how much you contribute to the IRS? This is the first step in getting your financial house in order. The answers to these key financial questions will help you establish your net worth statement, set a household budget and look for additional income tax deductions and credits.
     When it comes to your investments, first set your goals and determine how much money it will take to reach them. Then, determine your risk tolerance and select a diversified portfolio (cash, stocks, bonds, mutual funds, real estate, etc.) within your tolerance that will most likely provide the after-tax return necessary to reach your goals. Once your portfolio is in place, be sure to monitor the performance of your investments and make changes to the asset mix as needed.
     Every good offense needs a good defense. In financial planning, a good offense means building wealth by investing wisely. A good defense, on the other hand, means paying premiums you can afford for insurance that will protect you (and your loved ones) against potentially catastrophic risks you cannot afford. Do you have adequate disability insurance should an injury or illness stop your cash flow? Is your life insurance coverage sufficient to clean up debts, taxes and expenses upon your death, as well as provide financial security for your loved ones? Do you have appropriate long-term care insurance so your hard-earned nest egg will not be lost to nursing homes expenses in your retirement years?
 

Legal Planning
     What legal plans have you made in the event of your incapacity or death? Whom have you appointed to see that your financial and legal affairs are managed according to your wishes? Have you minimized your exposure to federal estate taxes? Would your financial legacy be protected for and from your loved ones? Have you remembered your favorite charities in death as in life? The answers to these key legal questions will help secure your financial plan. 

     Incapacity planning is necessary, whatever your net worth. The law requires everyone over the age of 18 years to make their own personal, health care and financial decisions. If you become incapacitated, would you rather your decisions be made by someone you have appointed through appropriate legal documents or by someone appointed for you by a court? The choice is yours, but legal planning in advance usually means less expense, more convenience and greater privacy.
     Similarly, upon your death, you can make matters easier for your loved ones through appropriate legal documents. For example, you may want to arrange for your assets to avoid the court system en route to your loved ones. You may even wish to appoint individual and/or corporate fiduciaries of your own selection to administer your final affairs without posting a bond and serving under court supervision. Again, the benefits of legal planning in advance usually outweigh the alternative by default.
     Most people are aware that the highest marginal income tax rate is 38.6%, but are unaware that the highest marginal federal estate tax rate is 50%. Not surprisingly, these same people spend considerable time and money to save every last penny from income taxes while they are alive…only to lose dollars to federal estate taxes when they die. Through appropriate legal planning, hundreds of thousands of hard-earned dollars can be saved for loved ones and charities instead of lost to the IRS.    
     Fact: A lifetime of work can disappear in a season of squandering. No one appreciates the true value of a dollar like the person who earned and paid taxes on it. Unless you make appropriate legal plans, the financial legacy you leave to your loved ones may even be lost to their divorces, lawsuits and bankruptcies.

Conclusion
     Only you can ensure that your financial and legal house is in order. Be sure to seek qualified legal counsel for assistance. 

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Call Richard at (703) 714-1554
Email: mayberry@mayberrylawfirm.com