How to Help Your Family Avoid Probate

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After a lifetime of working, saving, and planning, most people want their assets to transfer smoothly to their loved ones. Unfortunately, without proper planning, your estate may end up in probate—an often slow, public, and costly court process. The good news is that with a few simple steps, you can help your heirs avoid delays and receive what you intended for them quickly and privately.

Use Beneficiary Designations Wisely

Many financial accounts allow you to name beneficiaries who receive funds directly when you pass, bypassing the court system entirely. IRAs, 401(k)s, life insurance, and annuities typically require beneficiary names. Making sure these are updated and correctly labeled—especially distinguishing between per stirpes and per capita options—ensures your assets flow exactly as you intend, even if circumstances change over time.

Add Transfer-on-Death and Payable-on-Death Instructions

Bank and brokerage accounts do not always prompt you to name beneficiaries, so they often slip through the cracks. By adding Transfer on Death (TOD) or Payable on Death (POD) instructions to checking accounts, savings accounts, CDs, and taxable investments, you can direct those funds to heirs without involving probate. You maintain full control during your lifetime; these instructions only take effect when you pass.

Plan Ahead for Real Estate

Real estate cannot be handled with a traditional beneficiary form, but you still have options. Some states offer beneficiary deeds, sometimes called Lady Bird deeds, which allow property to pass directly to your chosen heirs. Another solution is placing real estate into a simple revocable living trust, which keeps the property out of probate and allows your successor trustee to transfer it efficiently.

Keep Everything Updated

The most common mistakes happen when life changes—marriages, divorces, births, deaths—and beneficiary forms are never revised. Reviewing your designations regularly and making sure they match your will prevents confusion and ensures everything passes according to your wishes. It is far easier to update paperwork now than to leave difficult decisions or legal hurdles for your family later.

A Thoughtful Gift to Your Loved Ones

Estate planning isn’t just about documents—it’s about peace of mind. By naming beneficiaries properly, adding TOD and POD instructions, and addressing real estate thoughtfully, you give your family the gift of clarity, privacy, and efficiency during a difficult time.

If you’d like a second set of eyes on your plan or help getting these pieces in order, we are here to guide you. Download today’s show notes at CardinalGuide.com and take the next step toward a smoother transition for the people you care about most.

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How to Help Your Family Avoid Probate

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Understanding the Upcoming 2026 Income Tax Increase: What You Need to Know

A Brief History of the Tax Cuts and Jobs Act (TCJA)

In today’s Cardinal lesson, we’re discussing the significant changes coming to income tax rates in 2026. This isn’t a proposal but a law already set in motion. The Tax Cuts and Jobs Act (TCJA), passed in 2017 and effective from January 1, 2018, brought about substantial reductions in income taxes. However, these reductions were only funded for eight years, meaning they will expire at the end of 2025.

What Changes to Expect in 2026

As of January 1, 2026, the tax rates will revert to their 2017 levels, adjusted for inflation. Key changes include:

  • The 12% bracket will increase to 15%.
  • The 22% bracket will rise to 25%.
  • The top rate of 37% will revert to 39.6%.

Not Just a Proposal

It’s crucial to understand that this change is already the law. Many people mistakenly believe that the tax rate increases are still under discussion. However, unless Congress enacts new legislation, these higher rates will take effect as scheduled.

Implications for Your Financial Planning

Impact on IRAs and 401(k)s

With the current lower tax rates, now is the time to consider strategies like Roth conversions. By converting funds from a traditional IRA to a Roth IRA now, you can potentially save a significant amount in taxes over the long term.

Why Planning Ahead is Crucial

For individuals with substantial retirement savings, understanding these changes is vital for effective tax planning. The window to take advantage of the current lower tax rates is closing, and planning ahead can make a significant difference.

Case Studies and Planning Opportunities

Hans Scheil and Tom Griffith discuss specific case studies and planning strategies in our latest video. These examples illustrate how different scenarios can be managed effectively:

  • Case Study 1: A married couple with an adjusted gross income of $150,000 in 2024 can convert part of their IRA to a Roth IRA, taking advantage of the lower current tax rates.
  • Case Study 2: High-net-worth individuals with large IRAs can save substantial amounts in taxes by planning conversions over the next two years.

Estate Tax Considerations

The TCJA also doubled the estate tax exemption, which will revert in 2026. This change can significantly impact high-net-worth individuals, making estate planning more crucial than ever.

Action Steps to Take Now

  • Review Your Current Tax Situation: Analyze how the upcoming changes will affect your finances.
  • Consider Roth Conversions: Take advantage of the lower tax rates before they expire.
  • Plan for Estate Taxes: Assess your estate plans in light of the changing exemptions.

Conclusion

The changes coming in 2026 are significant, but with proper planning and informed decision-making, you can navigate these changes effectively. Watch our video for more detailed insights and personalized advice.

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