Why Having an Estate Plan is Important
According to a 2019 survey carried out by Caring.com, 57% of adults in the United States have not prepared any estate planning documents, such as a will or trust, despite the fact that 76% viewed them as necessary. Many respondents said this was due to procrastination, but many others mistakenly believed it was not required because they did not have many assets.
Why should you have an estate plan?
An estate plan can provide significant peace of mind by ensuring your assets are protected, plans are in place if you become ill, and your property is passed down according to your wishes. Which documents should you consider?
Last Will and Testament and a Living Trust
If you do not have these important documents, state law will determine who will inherit your property—and thus, it may not occur in the way you would have chosen. In addition, someone appointed by the court, instead of a trusted person of your choosing, will care for any children or pets. Spelling out your wishes in a will or trust will also prevent unnecessary confusion, anxiety, and expense for other family members when you are gone.
Financial Power of Attorney
Have the proper powers of attorney been prepared? A financial power of attorney will allow you to designate an individual to make financial and property decisions for you if you cannot handle your own affairs. A medical power of attorney enables you to designate a person you trust to make medical decisions when you cannot speak for yourself.
Advanced Healthcare Directives
Make sure that you have an advanced directive, also called a living will, which memorializes your wishes concerning your end-of-life care, such as whether you would like to receive life support if you are in a vegetative state or terminal condition.
Other documents to consider:
Do you have insurance? If you become incapacitated or die, it is important for your family or loved ones to have information about your insurance (such as life, health, disability, long-term care, etc.) so that claims can be filed.
Compile a list of all of your accounts and other important information, including bank and investment accounts, titles to vehicles and homes, credit card accounts or loans, digital accounts (such as Facebook, LinkedIn, and Twitter) and passwords, Social Security cards, passports, and birth certificates, which may be needed to manage your property when you are incapacitated or settle your estate once you are gone. This information should be kept safe and shared only with trusted family members or loved ones.
A list of legal, financial, and medical professionals who have performed your services is also important. The list should include their contact information so your family can easily reach them in the event their help is needed if you become disabled or die. If desired, you should also ensure that medical professionals have HIPAA authorization to ensure your family members can obtain the required information.
How should you encourage your family members to create an estate plan?
The holidays are a great opportunity not only to take steps to ensure your own estate plan is in place but also to talk to your family members, especially elderly parents, about creating an estate plan. Estate planning is often a complex topic, as it brings the unpleasant issues of aging and death to our minds.
Here are a few tips to help you start the conversation:
Be sensitive to your family members’ feelings. Put yourself in their shoes, and keep in mind that few people are eager to dwell on the subject of their own death. One way to begin the conversation is to talk first about the need to plan for an illness and provide instructions if they become too ill to communicate with doctors or handle financial matters for themselves. The conversation can then naturally progress to the importance of having an estate plan that will enable their assets to be transferred as they wish, provide for the care of any dependents or pets, and minimize taxes, court costs, and legal fees. Communicate that you are not trying to control their decisions but only want to ensure that their wishes regarding their medical care and property are known—and that all their instructions are in writing to guarantee they are carried out.
Involve other family members in the conversation. Suppose you plan to speak to your parents about needing an estate plan. In that case, it is important to include any siblings in the discussion to avoid giving the impression that you are trying to influence or control your parents’ choices. You and your siblings should emphasize to your parents that none of you are asking about what you will inherit but want to make sure that their wishes are carried out if they become ill or pass away.
Consult an estate planning attorney.
An experienced estate planning attorney can help you and your family members create an estate plan tailored to meet your unique needs and fulfill your wishes—or help you update a pre-existing estate plan. We can provide each family member with guidance and information about their options. We can help each of you put a plan in place to prevent unnecessary stress, legal expenses, taxes, uneven inheritances, disputes between family members, and delays in passing life savings on to loved ones. In addition, it will provide you and your family members with the peace of mind that comes with knowing there are plans in place for your care if any of you become ill and that your wishes will be honored once you pass away. Call us today to set up a meeting.
Treetown Law is here to help you every step of the way. Please contact us today to get started!
