How Estate Plan Protects Your Family

Estate planning is one of many ways to make a difference to your family’s future. Whether starting from scratch or revising a will created many years ago, your estate plan gives you control over your assets and secures your loved ones. The title of a recent article from Florida Today says it all: “Your family’s future is important to you. These estate-planning tips can help secure it.”

If you don’t have a will, get started on this part right away. A will outlines how you want assets to be distributed upon your death. Without one, the probate court in your jurisdiction will determine who receives your property, and while you may not be around to see the results, your family will. If you have a will but haven’t reviewed it in a while, you’ll want to know if it still makes sense for you. Life is all about changes, good and bad, and your will should reflect your current life.

Living trusts keep assets in the family and pass from one person to the next without court involvement. Property owned by a trust goes directly to the beneficiaries without going through the probate process. Even better, trusts are used to appoint a trustee who will manage the assets if you become incapacitated. A trust works while you are living and after you have died. Families with significant assets, blended families and anyone looking for a smooth way to pass assets to loved ones rely on trusts.

People underestimate the importance of a Power of Attorney. A durable power of attorney gives a person of your choosing the legal authority to act on your behalf in financial matters. If you are too sick to pay bills or manage investments, an agent (the person named in the POA) can act on your behalf. Without this document, your family must petition the court to appoint someone to manage your life. The court has no obligation to name a family member or even someone you know to oversee your life. It’s far better to simply have an estate planning attorney create a POA suited to your needs.

You’ll also want an advance healthcare directive, sometimes called a living will, to express your wishes for healthcare in case you can’t. This document includes your wishes regarding life-sustaining treatments, organ donation and end-of-life care. The healthcare directive serves two critical purposes: it allows you to state your wishes and spares your family from not knowing what you want during a healthcare crisis. An emergency is no time for your children to guess what Mom wants.

Beneficiary designations are used in many financial accounts to allow the asset to go directly from the original owner to the beneficiary without going through probate. Beneficiary designations override your will. If you want your nephew to inherit your IRA but your IRA’s beneficiary designation is your spouse, your nephew gets nothing. People who have been divorced need to be extra careful about making sure their beneficiary designations are updated.

Parents of minor children must designate a legal guardian in their estate plan. Establishing a trust to own an inheritance for healthcare, education and living expenses ensures that their guardian will have funds to care for the children. Minors may not inherit property, so making a trust is the best way to protect and control their inheritance.

An estate plan, including a will, power of attorney, healthcare directive and trusts, is central to protecting your family and their future. An experienced estate planning attorney will help identify your concerns and know how to address them in a legally enforceable manner.

Reference: Florida Today (Feb. 8, 2025) “Your family’s future is important to you. These estate-planning tips can help secure it.”

An Estate Plan To-Do List to Get Planning Done

Even if your New Year’s resolutions have fallen by the wayside, don’t let the resolution to create or revise your estate plan pass without tackling it. A recent San Francisco Bay Times article, “Kickstart 2025 With 5 Estate Planning Resolutions to Secure Your Future,” offers a step-by-step list of the tasks to complete your estate plan.

Start by locating your estate planning documents. Review them to be sure they’re up to date. If your will includes people no longer living or beneficiaries you’re no longer feeling generous towards, you’ll need to make those changes.

Review your estate plan with an eye on the people you’ve named for specific roles. Will the executor or trustee be a good fit? What about the person you’ve named as Power of Attorney? Your estate plan should also include a Healthcare Proxy. As you age, you need to be sure the people in these roles can still physically get to the bank or the hospital and navigate online banking or healthcare portals on your behalf.

Digital assets are now part of everyone’s life. However, not everyone addresses their digital assets in estate plans. You’ll need to review and record your digital accounts, from emails to social media to cryptocurrency, and create a list of the accounts, login information and passwords. If you have two or three-factor identification, you’ll need to be sure your digital executor can access your mobile phone or email to confirm their identity. Many people use password managers to gather their information. However, a notebook will do as long as your digital executor knows its location.

If you haven’t reviewed your healthcare directives in a while, you’ll want to do so. Your wish to be kept off any life-support systems while in your thirties may have changed as you have gotten older. After COVID, many people who would have never wanted to be on a respirator learned that it was lifesaving, not life-ending. Speak with your healthcare proxy about your wishes, so they know what you want and your estate planning attorney to ensure that they are documented properly.

An experienced estate planning attorney can help you avoid or minimize the probate process. For instance, placing assets in a trust can take the asset out of your taxable estate if the right trust is used. The assets in the trust won’t go through probate and will remain private. If using Payable on Death accounts makes sense for your estate plan, be sure that the accounts you want to transfer to someone else on your death are titled correctly.

An estate planning attorney will guide you through the process to ensure that you have the right documents, so your loved ones can help you if you become incapacitated and know your wishes when you die. It’s a gift to those you love, easing their burden and building your legacy.

Reference: San Francisco Bay Times (Feb. 5, 2025) “Kickstart 2025 With 5 Estate Planning Resolutions to Secure Your Future”

Millennials and Gen Z Need Estate Plans Now

People with modest assets, young adults and parents should all have estate plans to protect themselves while they’re living, protect their children and provide a means for transferring assets of any size to heirs of their choosing. This is estate planning in a nutshell, with details furnished in a recent article from yahoo! finance, “Why millennials and Gen Z should have a basic estate plan.”

Most people first think about estate planning when they have children. It’s a good reason, as a will is used to name a guardian who will raise the children if both parents should die. Otherwise, a court will decide who should raise the children, and it isn’t always a family member. However, this is far from the only reason to have a will.

All adults should have two essential documents: a durable power of attorney and a healthcare power of attorney, also known as a healthcare proxy. These documents give other people, referred to as “agents” or “representatives,” the legal power to act on behalf of the adult if they cannot do so. We don’t like to think about becoming incapacitated. Nevertheless, it happens, and when it does, having these estate planning documents makes it possible for another person to act on your behalf.

If there is no power of attorney, the family will need to go to court to have someone named as a guardian of the incapacitated person. The process is both stressful and costly. Having a POA is far easier. When you have an estate planning attorney create a POA, you also get to name the person you want to be in charge. The court may not choose the person you would have wanted.

Wise parents have their children sign a healthcare power of attorney when they turn 18. Unless this happens, the parent may no longer be part of the newly-minted adult’s healthcare, including talking to doctors, discussing health insurance issues and being involved with decision-making.

If it seems unnecessary for an 18-year-old to have a last will and testament, there are more than a few reasons for doing so. First, an 18-year-old who has been accumulating cryptocurrency might have assets to protect. In the same way, parents don’t have the right to make medical decisions for an 18-year-old; they don’t have any say over their property. If the young adult has bank accounts, digital assets, car loans, or student loans, the parent will be better protected if there is a simple will. If there is no will, the grieving family will have to go through probate, the court process of determining who will receive the young person’s assets.

Having a young adult think about having a will is a good life lesson. As they age, they must update their plan to reflect life’s milestones. Estate planning is an evolving process similar to owning and maintaining a home.

Young adults working and with retirement accounts should be mindful of who they name as their beneficiary on retirement accounts, insurance policies and any other financial account allowing a beneficiary to be named. These assets don’t pass through probate but go directly to the designated beneficiary. Keeping a list of these accounts and who was named as a beneficiary is also good practice for young adults.

Younger adults who tackle estate planning early on are setting themselves and their families up for success in the future. Many estate planning attorneys start working with one generation and are happy to advise their children as they grow into adulthood.

Reference: yahoo! finance (Nov. 18, 2024) “Why millennials and Gen Z should have a basic estate plan”

Estate Planning 101: What You Need to Know

Have you done any estate planning? If you have a will, kudos to you! You’re ahead of so many people and celebrities who die without a will, creating unnecessary expenses and stress and risking family fights over assets large and small. However, a recent article from Kiplinger, “The Basics of Estate Planning,” reminds us of the importance of regularly updating estate planning documents and beneficiary designations.

Failing to do so could put heirs in a financial and legal tangle after you die or create unexpected tax consequences. You might also leave your assets to a wrongful heir, and your family might be unable to do anything about it.

What makes up the foundation of an estate plan?

The will directs your wishes to distribute assets to heirs upon your death. It’s not as straightforward as expected, so talk with an estate planning attorney to create a valid will. For instance, you don’t want to include anything you don’t want the public to know, like account numbers or passwords. The will becomes a public document when it is submitted to probate court.

A living trust, sometimes called a revocable trust, is used to own assets in a more private manner. You can put cash, securities and other assets into a trust, and the trustee, who you name to manage the trust, will be in charge of distributing assets after you die.

A living will, sometimes called an advance healthcare directive, outlines your wishes for care if you become incapacitated or for end-of-life care. This includes medical decisions like keeping you alive via artificial means, from respirators to feeding tubes. Letting your family know your wishes will spare them a lifetime of guessing what you want.

Powers of Attorney for finances and healthcare (also known as a healthcare proxy) names others to act on your behalf to manage financial and healthcare matters. Without these documents, your family may have to go to court to manage your bills and be part of your healthcare decisions.

Today’s estate plan also includes digital assets. You can designate a person as your Digital POA so they can access digital assets like emails, websites and social media accounts. They’ll need to be someone you trust and who can navigate the digital world.

All these documents need to be reviewed regularly to ensure that they align with your wishes and are current concerning any changes in the law. Most estate planning attorneys will advise you to update your documents whenever there is a big change in your life like birth, death, divorce, or a move to a new state. They should also be reviewed every three to five years as laws change.

Assets also pass through beneficiary designations. These are commonly retirement accounts and insurance policies, which ask you to name a person to receive the assets upon your death. These assets don’t go through probate. People often forget to update these documents, and old friends and ex-spouses find themselves with a surprise windfall.

It’s essential to update estate planning documents and beneficiary designations on the death of a spouse. This is not likely the first thing on your mind when grieving the loss of a loved one, but it is necessary.

The rules for inherited IRAs have changed. Therefore, your heirs need to be prepared for the impact, especially if your estate includes a large IRA. As a result of the SECURE Act of 2019, adult children or non-spouse heirs of a traditional IRA must empty the IRA within ten years of the original owner’s death. During the ten years, heirs must take annual withdrawals and pay taxes on those withdrawals as income. The alternative is to take the entire IRA at once and pay taxes on the whole account. This rule doesn’t apply to surviving spouses, who have more options.

Think of your estate plan as a gift to loved ones after you’ve passed. Without one, they may need to go to court, wait months or years to receive their inheritance or devote endless hours working on gaining control and distributing assets. Talk with an experienced estate planning attorney to protect your family and legacy.

Reference: Kiplinger (Oct. 1, 2024) “The Basics of Estate Planning”

Estate Planning Blog Articles

Estate & Business Planning Law Firm Serving the Providence & Cranston, RI Areas

How Estate Plan Protects Your Family

An Estate Plan To-Do List to Get Planning Done

Millennials and Gen Z Need Estate Plans Now

Estate Planning 101: What You Need to Know

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