While reducing the ultimate size of our gross estate is far from the only consideration in preparing an estate plan, it is important for most high net worth tax payers and their families.
Federal estate tax generally must be paid in cash within nine months of death. In some states, inheritance taxes are due immediately. At the same time, interest begins accruing if the tax is not paid within the time allowed. Thus, proper liquidity planning actually means more than just having enough ready cash to pay taxes and estate settlement costs — it also means having funds available soon enough to meet IRS and state filing deadlines, and avoiding additional estate shrinkage.
Advance planning is necessary in case we are ever incapacitated and unable to make our own decisions. Appointing a Durable Power of Attorney for health care decisions — called a Health Care Proxy in some states — is wise. Also, giving someone a Durable Power of Attorney for finances prevents a court from appointing a Guardian or Conservator to manage our financial affairs, if necessary. Although a Durable Power of Attorney can be revoked by simply tearing it up, it is not something to be handed out without serious consideration.