Make A Will Month

August is Make a Will Month. This is your reminder about the importance of creating and updating your estate planning documents. 

Even though soaring inflation has caused one in four Americans to recognize a greater need for estate planning, the unfortunate reality is that only 34.1% of Americans have a will in 2023, and even fewer have an up-to-date will. 

In light of that, below I’ve shared five ways an up-to-date will ensures your family is protected in the event something happens to you:

  1. Distributing assets – A will outlines how you want your assets, including digital assets, to be distributed after your death and allows you to specify who gets what, how much, and when.  
  2. Appointing executors – A will also enables you to name an executor to manage your estate after your death. This person will distribute your assets according to your wishes, pay any debts or taxes owed, and handle other administrative matters.
  3. Avoiding disputes – Without a will, your assets will be distributed according to state law, which may not align with your preferences. This can lead to confusion, disputes, and even legal battles among family members.
  4. Providing for minor children – If you have minor children, a will allows you to name a guardian to take care of them in the event of your death, ensuring your children will be provided for and raised according to your wishes.
  5. Minimizing taxes – A properly drafted will also help minimize estate taxes and other expenses that may be owed after your death.

To ensure all of the above elements are updated, your will should be reviewed every three to five years or sooner if you’ve undergone significant life changes (e.g., marriage, divorce, birth of children).

With that said, please feel free to reach out if you’d like assistance with any estate planning needs or updates. In the meantime, I hope you and your family have a wonderful end to summer!

Estate Planning Mistakes

  • Failing to include power of attorney – A power of attorney names someone you trust who can act in your stead should you become medically incapable of making important financial, legal, and/or medical decisions. 
  • Misunderstanding your estate plan  It’s critical you take the time to read through and understand the plan, what it entails, and what will happen when it is put in motion. 
  • Forgetting to update it as circumstances change – Our lives evolve constantly, and it’s important that your estate plan reflects changes. I have dealt with estates where assets and money were left to ex-spouses or deceased family members. Additionally, I have seen feelings hurt by a family member who was left out of the document because they married into – or were adopted into – the family after the plan was created. It is vitally important that you revise your plan at least every five years to make sure your wishes are reflected and followed.
  • Failing to fund revocable trusts – Many estate plans include a revocable trust. Assets owned by the trust are protected from being tied up in probate court. Your attorney will draw up the appropriate paperwork, but you will need to transfer the relevant assets to the trust. For example, your house will need to be owned by the trust and not by you individually. Many clients fail to realize this and skip this important step, negating the work they did in creating the trust in the first place.

The best way to avoid mistakes is to talk to a lawyer. Contact us today about your estate planning needs.