Estate Planning Mistakes to Avoid

According to a Caring.com survey, only 4 in 10 American adults have a will or a living trust. And what may be even more surprising is that younger adults are outpacing their middle-aged and older counterparts when it comes to estate planning.

Estate Planning Mistakes to AvoidEstate planning is crucial to ensure that wealth accumulated over a lifetime is distributed according to your wishes and will take care of your family when you are no longer able to do so. Many well-intentioned people make common mistakes, which could be avoided with the guidance of an estate planning attorney, says the article “Avoiding Big Estate Planning Mistakes” from Physician’s Weekly.

Do you have a will? Many families must endure the red tape and expenses of “intestate” probate because a parent never got around to having a will prepared. The process is relatively straightforward: identify an estate planning attorney and make an appointment. Once the will is completed, make sure several trusted people, likely family members, know where it is and can access it.

Are you properly insured? If the last time you looked at your life insurance coverage was more than ten years ago, it’s probably not kept pace with your life. Although every person’s situation is different, high- income earners, like physicians or other professionals, need to understand that life insurance “replaces” income. This means enough to pay for college, pay off a mortgage and provide for your surviving spouse and children’s lifestyles.

When was the last time you spoke with your estate planning attorney, CPA, or financial advisor? Tax laws are constantly changing, and if your estate plan is not keeping up with those changes, you may be missing out on planning opportunities. Your family also may end up with a big tax bill, if your estate plan hasn’t been revised in the last three or four years. Your team of professionals is only as good as you let them be, so stay in touch with them.

When was the last time you reviewed your estate plan with your attorney? If you thought an estate plan was a set-it-and-forget-it plan, think again. Tax laws aren’t the only thing that changes. If you’ve divorced and remarried, you definitely need a new estate plan—and possibly a post-nuptial agreement. Have your children grown up, married and perhaps had children of their own? Do you have a new and troublesome son-in-law and want to protect your daughter’s inheritance? All of the changes in your life need to be reflected in your estate plan.

Having “the talk” with your family. No one wants to think about their own mortality or their parent’s mortality. However, if you don’t discuss your estate plan and your wishes with your family, they will not know what you want to happen. It doesn’t need to be a summit meeting, but a series of conversations to allow your loved ones to become comfortable with the discussion and make it more likely your wishes will be fulfilled. This includes your estate plan and your wishes for burial or cremation and what kind of memorial service you want.

One of the main goals of our law practice is to help families like your plan for safe, problem free, and successful transfer of assets to the next generation.  Call our office today to schedule a time for us to review your estate plan and identify the best strategies for you and your family to ensure your legacy of love and financial security.  Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

For more information and articles on estate planning, probate, trust law, and business planning, please visit our website and subscribe to our monthly e-newsletter.

Reference: Physician’s Weekly (Oct. 8, 2021) “Avoiding Big Estate Planning Mistakes”

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