Since we don’t know when we will die, it’s never too early to start estate planning. Only 42% of Americans have a will or other estate planning documents, according to a 2017 Caring.com study. Among parents of children under 18, only 36% have created a will.
USA Today’s recent article, “Estate planning: 6 steps to ensure your family is financially ready for when you die,” explains that if you die without a will, state laws will decide what happens to your property or who should be legally responsible for minor children. That might be OK in some circumstances, but in others, a grandchild with special needs might not receive the resources you want him to have, or an estranged family member might get your house.
For some reason, people believe that if they don’t do anything, things will “work out.” They often do not. Here is what you should consider:
Create a will. This document states who should get your money and possessions, as well as who would become a guardian to your minor children, if both parents die.
A living will. This legal document states what medical procedures you want or don’t want, if you’re incapacitated and can’t speak for yourself, such as whether to continue life-sustaining treatment. Powers of attorney let you appoint someone you trust to make legal, financial and health care decisions for you, if you are unable.
Trust. This is a legal entity that holds any property you want to leave to your beneficiaries. With a trust, your family won’t have to go through probate. Trusts also let you to set up instructions for how and when property is distributed. A trustee will manage the trust. Make sure you let people know, when you’ve designated them as a trustee. Name a secondary trustee, in case the primary trustee cannot or will not serve.
Beneficiaries. If you have investment accounts and retirement plans like a 401(k), make certain that the individual you’ve listed as the beneficiary is the person you want to receive those funds. Remember to appoint a contingency or secondary beneficiary, just in case.
Work with an experienced attorney. Estate planning can be complicated, so get some professional legal help. Our experienced attorneys work only in the areas of estate planning, elder law, trust administration, and probate administration. We are able to focus solely on the complicated laws surrounding estate planning and settlement. You can request a consultation with our attorneys to discuss taking control of your assets during times of incapacity and after death.
End-of-life planning isn’t really fun, but it’s necessary, if you want to have full control over your life and your assets. Therefore, it’s never too early to start your estate planning.