“Life Changes” Mean “Estate Plan Changes”
Talk to any estate planning attorney you hear some tragic procrastination or penny-wise dollar foolish stories; deceased divorcees who forgot to change their insurance beneficiaries; expensive incapacity battles for control over an estate; probate battles for control of a “family” plot, etc. And of course, there are many renown deceased celebrities without an estate plan that lead to expensive court battles resulting in at least one thing in common, avoidable attorney’s fees.
Many people who put together an estate plan usually do so when they start a family - assuming they put an estate plan together at all during their lifetime. While putting an estate plan together is a good thing to do, many people make few updates once the plan has been created, despite other key life events happening over the years. This is a major mistake that can place your hard-earned money and assets into a costly probate or into the wrong hands.
To make sure you do not run into these issues and your wishes are followed in the event of your death or incapacity, below are nine life decisions or events that should get you thinking about updating -- or creating -- your estate plan right away.
Important Life Decisions
There are several important life decisions that you should factor into your estate plan. They include:
Getting married: Estate planning after tying the knot does not have to be complicated. Simply updating your beneficiary information, purchasing a life insurance policy, and updating emergency contact information are all things that should happen right away. You should also consider preparing a will and a living will. As your marriage progresses, it may make sense to consider a revocable trust as well. Having discussions with your spouse about how you want your estate to be managed depending on different scenarios is also important.
Getting divorced: While couples do not plan for divorce, many spouses go through this process. For many, the emotional toll and legal complexities of divorce can be overwhelming. Often estate planning is overshadowed by the divorce, resulting in unintended consequences. Making sure you make changes to your estate plan as soon as your divorce proceedings have been finalized will make sure your ex will not end up with the house, life insurance proceeds or other assets of yours. In fact, for most matters, you do not have to wait until the proceeds are finalized.
Buying life insurance: These policies are present in virtually all estate plans and serve as a useful source of liquidity, education-expense coverage, and financial support for your family or loved ones. Make sure to list all beneficiaries under the policy and make sure to update them as time passes.
Buying a new home: When you purchase or refinance a home or other real estate, you should always make sure the asset is titled appropriately. If you use a trust, sometimes a lender will take a property out of a trust during a refinance. The key is to make sure your title furthers your goals.
A new child: While adding another member to your family is an exciting time in your life, it is not an excuse to forget to update your estate plan. A new child, by birth or adoption, necessitates major revisions to your estate plan. This not only affects who will inherit your estate upon your death but will also require you deciding who will be the guardian of your children if you should die before they become adults. As your child grows and matures -- and more children are added -- your estate plan will likely continue to change.
Starting a business: If you start a business or ownership interest changes in a current business, you need to understand what impact these changes have on your estate plan. Even more, there may be tax implications that could affect your heirs without proper planning ahead of time.
Death of a loved one: The passing away of someone listed in your will is often overlooked in estate planning. These individuals may be named guardians to your children, have an inheritance allocated to them, be designated as emergency contacts, or may be named as executors of your estate. Leaving the role vacant can have terrible unintended consequences and necessitates transitioning new people to fill the void left behind by your loved one’s death right away.
Moving to another state or country: When you change your residency from one state to another, you must review your estate plan to make sure it conforms with local laws. The same is true if you move to another country. Likewise, if you have property in more than one state or country, special attention must be paid to how those assets will be distributed according to your estate plan and applicable law.
Change in work benefits: Whether this happened through a promotion, demotion, or your employer just changed the benefits they offer, this could impact the type amount of assets you have available. Look at your estate plan to see if your goals are still achievable or if you can do more with what you have.
Estate Planning Advice
The one constant in life, is change. Planning based on your life stages is important because your circumstances over the years will surely change. If you have any questions about estate planning -- or have had to make a recent big decision in your life – please call us at 301.892.2713.
With the end of the year fast approaching, please call our office now at 301.892.2713, to get your estate planning review on the calendar. If you are like most people, if it is on the calendar, you will make it happen. Just like you meet with the doctor, dentist, CPA, or financial advisor on a regular basis (if you do not, you should), you need to meet with us on a regular basis as well. We will make sure your estate plan reflects your current needs and those of the people you love. Creating and updating is the best way to make sure your estate plan will actually do what you want it to do.
Live with your bags packed!