No one likes to think about death. But the fact remains, it’s a certainty we must all face. It’s smart to plan, to ensure that what we’ve worked for isn’t lost in probate or court squabbles. If you’ve been holding off on estate planning, it’s time to rethink. Here are the top 10 compelling reasons why you need an estate plan now!
1. Keep it Private, Avoid Probate
Planning an estate is more than just a fancy way of saying “last will and testament”. It’s a strategic move to protect your privacy and avoid a potentially expensive, time-consuming probate process. Probate can last up to a year or longer, and the worst part? It’s a public process. Everyone has access to your information and documents via the Probate Court. However, with a solid estate plan, you can keep your estate details private while avoiding the hefty delay and cost of probate.
2. Shield Your Kids
Imagine a scenario where both parents die before the kids turn 18. Unthinkable, yes. Possible? Absolutely. In such instances, a well-drafted will can nominate a guardian to care for any minor child you have or may have in the future. Without it, the Probate Court decides who looks after your children, with zero guidance from you. A proper estate plan puts you in control, ensuring your kids’ well-being is left in trusted hands.
3. Care for Your Spouse and Other Loved Ones
An estate plan is your vehicle to outline how your assets will be distributed after death or incapacity. It ensures your wishes are honored. A carefully drafted will and trust ensure your intended beneficiaries receive their inheritance as planned. Without it, statutes could dictate the distribution, potentially going against your wishes. Estate planning safeguards your spouse, children, or other loved ones from such unintended outcomes.
4. Harmonize Blended Families
Blended families bring additional layers of complexity to estate planning. It’s essential to establish that your assets will be distributed according to your wishes. For instance, you may want to leave a different inheritance to biological children than to stepchildren or secure your children’s inheritance if your spouse remarries. Estate planning provides this control.
5. Special Needs Demand Special Planning
For beneficiaries with special needs, a “special needs trust” or “supplemental needs trust” can be included in your estate plan. This protects their eligibility for public assistance such as MassHealth, Social Security, and Supplemental Security Income (SSI).
6. Ward Off Creditors
An estate plan can protect a child’s inheritance from creditors, like an ex-spouse, by placing it in trust for their benefit. This ensures your assets are used for your child or grandchildren, providing a layer of financial security.
7. Don’t Die Broke in a Nursing Home
Sadly, many people drain their entire life savings on nursing home care, leaving their family with nothing. An estate plan can help protect your assets from costly nursing home fees, ensuring you don’t leave this world penniless and your family doesn’t suffer financially.
8. Prepare for the Unthinkable: Incapacity
A durable power of attorney, health care proxy, living will, and trust can safeguard you if you become disabled or incapacitated. These documents empower chosen individuals to manage your assets and make critical decisions on your behalf. With a revocable trust, you can ensure your assets are used for your benefit and managed according to your wishes if you become incapacitated.
9. Giving with Grace: Charitable Contributions
If philanthropy holds a special place in your heart, your estate plan can serve as a vessel for your generosity. By naming charities as beneficiaries in your will or trust, or as designated beneficiaries on bank accounts and certain retirement accounts, you ensure that your legacy lives on through causes you deeply care about.
10. Smooth Business Succession
For those who own family businesses, your blood, sweat, and tears have built a legacy that deserves continuity. Estate planning can involve business succession planning, preparing for the eventual death or retirement of a key partner. This can ease the transfer of the business assets to your family members after your passing, ensuring your business’s survival and continued prosperity.
Consulting with an astute estate planning attorney who understands your unique circumstances is a crucial step. They can provide personalized guidance and ensure compliance with state laws while addressing your unique estate planning needs or concerns.
Remember, estate planning isn’t about being morbid. It’s about securing peace of mind for you and your loved ones. So, don’t put it off any longer – create an estate plan today, and let your legacy live on.
