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Just hearing those words “estate planning” makes most people zone out, as it’s tied to the end of their mortality, a topic they’d rather avoid.
However, it’s important to consider what will happen to your personal belongings, finances and both tangible and digital assets as part of your estate plan.
I would be remiss if I didn’t address a common myth: there’s no correlation between signing your estate planning documents and something happening to you immediately following.
This is an objection to estate planning I have heard countless times from clients over the years. Estate planning attorneys have shared stories with me on many occasions where people come for a consultation, have the documents drafted, pay for them and fail to sign them for this reason as well.
Let’s work to reframe how you think about this type of planning. Visualize the benefits of sharing your wishes with those you love.
Estate planning isn’t about focusing on your demise; it’s about taking control and making decisions that ensure your loved ones are cared for. It’s a way to share your wishes and protect the people you care about most, leaving them a roadmap instead of unanswered questions.
Money often causes disagreements, even among the closest families. Without clear instructions, disputes can arise, which could be disastrous to a family at a time when they should be leaning on each other.
Having the proper documents in place does not guarantee there won’t be a family feud, as fighting is something that may take place with even the best plans. But you can provide the guidance your loved ones need to respect your wishes.
Key documents:
- Will and/or trust to outline your wishes for your assets and family.
- Power of attorney to appoint someone who can step into your shoes and make financial decisions on your behalf.
- Health care proxy to appoint someone who can make health decisions on your behalf.
The risks of dying without an estate plan
Consider this: Without a will and a plan, state intestacy laws determine what happens to your hard-earned assets.
This process, known as probate, is a legal procedure through which a court oversees the distribution of your estate. During probate, your assets are inventoried, debts are paid and the remaining property is distributed according to state law — often without regard to your wishes.
Your will can help your family avoid this and have your assets distributed according to your wishes.
Probate can be a lengthy, expensive, and public process. The public nature means that details of your estate, including its value and who inherits it, become a matter of public record. This lack of privacy can lead to unwanted scrutiny, potential disputes, or even predatory actions against your family. Probate can cause unnecessary stress and delays for your loved ones.
There are actions you can take to further minimize the complexity of the probate process.
Assets that are titled properly (such as joint with rights of survivorship) or that have a beneficiary named, will not be subject to your will or probate as a result. Naming a trust that will own your assets is also a way to avoid the complex and often lengthy probate process.
These extra steps will help limit the say the state law or courts have over your assets and the public nature of the assets owned by the trust. You probably will not be able to avoid probate altogether, but this will help you make your wishes known and limit the involvement of the state.
If you don’t take action, deeply personal decisions about your finances, assets, and even your loved ones will be made by the courts — not by you.
Allowing the courts to make these decisions can lead to outcomes that may not reflect your wishes or the needs of your family.
A solid estate plan ensures your assets go where you want, protecting your family from added stress during an emotional and already stressful time. Without these documents, your hard work and your legacy may go to those you would not want to benefit.
A will and/or trust allows you to outline your wishes and direct what will happen after you are gone. These documents provide a way to share your expectations and provide direction on how you want your assets handled when you are gone. Absent these documents the state you reside in will decide how your assets are distributed.
If you have children, the state will decide who cares for them. Think about that: if you die without a will, the state will decide the fate of your children.
Estate planning to ’empower the present’
Estate planning isn’t just about the future — it’s about empowering the present. Estate planning includes appointing trusted individuals to handle your finances and health care decisions if you’re ever unable to.
In general, people are living longer — life expectancy in the U.S. has risen from approximately 61 years in 1940 to over 79 years today. As individuals age, many may find themselves unable to manage day-to-day finances or make critical health decisions.
With tools like a power of attorney and health care proxy, you can empower the people you trust most to step in when needed and ensure your wishes are honored keeping these deeply personal decisions out of the hands of the state.
A power of attorney allows you to select someone to make financial decisions on your behalf, while a health care proxy ensures your trusted advocate can make critical health-related choices when you cannot.
What to learn from high-profile estate mistakes
High-profile disputes serve as powerful cautionary tales, even for those of us outside the spotlight.
For example, Aretha Franklin’s music will live on as her legacy, but her estate planning mistakes have kept her family in court for years. Thirty years after Bob Marley’s death, his heirs were still battling over the singer’s estate in court, and when Kurt Cobain died by suicide in 1994, he did so without a will, so the State decided the fate of his estate, now valued at more than $400 million.
These families endured costly legal battles and are extreme examples, but they highlight an important lesson: no matter the size of your estate, planning is essential.
Having a plan allows your family to know what you want and gives them a roadmap to carry it out. Therefore, having that will and an estate plan in place will give your family the ultimate gift: a plan that leaves no question unanswered.
Creating a plan is not just about dividing assets; it’s about showing love and responsibility for the people who mean the most to you. While no plan can promise to prevent all family conflicts, it will undoubtedly place your loved ones in a far better position than leaving things to chance — or the courts.
By putting these essential documents in place, you can experience the joy of knowing you’ve taken control of your legacy in both life and death.
— By Lawrence D. Sprung, a certified financial planner and founder/wealth advisor at Mitlin Financial Inc.