Estate planning is uncomfortable (addresses incapacity and death) but essential; integrate it naturally into life/financial discussions for comprehensive planning.
Key Checklist of Must-Have Documents & Designations
- Powers of Attorney (POA):
- Financial & Healthcare POAs: Needed at age 18 (even for adult children, e.g., college prep). Parents lose decision rights post-18 without them.
- Will:
- Names executor; directs asset distribution at death.
- Critical for parents: Only place to name guardians for minor children.
- Works with trusts; "pour-over" will funnels forgotten assets into trust.
- Revocable Trust:
- Manages assets during life & at death; avoids probate.
- Becomes irrevocable at death (can't change).
- Complements (not replaces) a will.
- Irrevocable Trusts (Lifetime):
- For gifting assets (to spouse/kids) to reduce estate taxes.
- Removes assets + future appreciation from estate.
- Estate Tax Context: 2026 exemption rises to ~$15M/person ($30M/couple). Plan flexibly for future law changes; project asset growth vs. inflation/spending.
- Other Documents (state-specific):
- Living will/advance directive (end-of-life wishes).
- Funeral arrangements.
- Beneficiary Designations:
- Override wills/trusts (e.g., IRAs, 401(k)s, life insurance).
- Common Mistake: Outdated designations (e.g., ex-spouse or parent instead of kids) cause assets to go wrong.
Review & Update Best Practices
- Frequency: Every 3–5 years; or trigger by:
- Life events (marriage, divorce, birth, death).
- Law changes (e.g., recent tax bills).
- Pet Peeves/Common Errors:
- Mismatched beneficiaries vs. will/trust.
- Outdated successors (e.g., naming parents/siblings when kids are now adults; shift to children as agents/trustees).
Communication, Storage & Execution
- Sharing with Family: Family-specific; no one-size-fits-all.
- Some share full details/drafts (à la Warren Buffett) for transparency.
- Others share structure only (flow of assets, roles, advisors) without dollar amounts.
- Ensure heirs know document locations, attorney, advisors.
- Successor Roles: Choose capable people; consider corporate trustee (fees apply, but justified for complex dynamics).
- Advisor Support: Professionals guide grieving families; nobody navigates alone.
Probate: Not as Bad as Feared
- Process: File will with court; appoint executor; notify creditors; resolve claims.
- Pros: Structured (good for family disputes/disharmony); time-bound creditor claims.
- Cons: Time/cost, but avoidable via revocable trusts.
- Goal: Avoid if possible, but not catastrophic.
Closing: Estate planning ensures control, minimizes regrets/taxes, and eases transitions. Review regularly; coordinate with financial plans.