The importance of estate planning and the decline in the number of adults who have prepared essential documents such as wills and living trusts. While many clients focus on immediate financial concerns like retirement planning or savings, they often neglect the uncomfortable but crucial topic of end-of-life planning. This neglect has been highlighted by the COVID-19 pandemic, emphasizing the importance of ensuring family protection. The article provides an overview of the critical components of a proper estate plan, including wills, trusts, power of attorney, beneficiary designations, letter of intent, and guardianship documents, and offers guidance on their preparation.
Key Points:
- The decline in Estate Planning: A 2020 study showed a 25% decline in adults prepared with estate planning documents since 2017, with cited reasons including lack of knowledge or the cost of such documents. The COVID-19 pandemic has further highlighted the urgency of these preparations.
- Components of Estate Planning: Estate planning isn’t only for the wealthy and extends beyond a will or trust. It should ensure seamless asset transfer and include provisions for family members to access or control assets and make medical decisions if needed. Key documents include wills, trusts, power of attorney (two types), beneficiary designations, a letter of intent, and guardianship documents.
- Power of Attorney Importance: Having two types of durable power of attorney, one for healthcare decisions and one for handling finances, is vital if one becomes incapacitated. It’s essential to choose trusted individuals for these roles and to share your decisions with them.
- Guardianship and Regular Review: For those with dependents under 18 or providing for someone with special needs, a guardianship document is essential. Regular review and updating of all documents, such as every 3-5 years, ensure accuracy, especially after significant life events like having more children.
- Legal Assistance and Organization: Hiring an attorney familiar with the state’s estate laws or using online tools can aid in the document creation process. Ensuring completeness with signatures and notaries, providing copies to relevant institutions, and organizing all important papers in one accessible place can make the process more efficient and helpful for loved ones.