It’s no secret that life can be unpredictable – one day you’re planning for the future and the next you find yourself confronted with unimaginable circumstances beyond your control. Thinking about estate planning questions may not always make it to the top of your list. However, if asked what keeps them up at night, many adults would say that unanswered questions on this front are among their biggest worries.
As someone who wants nothing more than to see those in your care safe and secure, wrestling with these unknowns is something you simply can’t ignore.
Setting up a solid estate plan that provides you with asset protection, probate avoidance, and incapacity planning will allow you to rest easy at night. This article contains the most common questions I get asked by clients. Hopefully the answers will make you feel better and encourage you to get your estate plan finalized.
Common Estate Planning Questions
Are all my assets really protected from probate?
As an estate planner, I understand the anxiety that comes with contemplating whether your truly assets are safe from probate. Trust me – you are not alone. Contrary to popular belief, not all assets avoid probate automatically. It is essential to ensure that ALL your assets are adequately provided for in your estate planning so they can pass efficiently to your beneficiaries without any interference from the court. Rest assured that we address the asset protection steps in estate planning with care and tailor each decision to meet your specific needs and goals.
Are my estate planning documents properly executed?
As a responsible individual, it’s natural to worry about the future and the well-being of our loved ones. And that’s precisely why estate planning is so vital. However, even if you’ve already created your estate planning documents, it’s essential to make sure they are properly executed. Inadequately executed documents can cause chaos and disruption later on and can defeat the entire purpose of estate planning. So, if you’re lying awake at night, worrying about the validity of your estate planning, we’re here to help. I am dedicated to ensuring that your estate planning documents are accurately executed, providing you with the peace of mind you deserve.
Do I need to update any of my documents?
Estate planning is something that can often be overlooked, yet it’s crucial to ensure that your wishes are carried out and your family is cared for in the way you intend. With this in mind, take a moment to review your estate planning documents and take down notes about any necessary updates and then schedule a review. Some life changes that can trigger a need to update your estate planning documents include marriage, divorce, death of a spouse, death of a beneficiary, a significant change in your assets, and a move to another state.
Will my minor children be taken care of if I die?
As a parent, one of the biggest worries that keeps me up at night is the thought of what would happen to my boys if something were to happen to me. It’s a tough topic to talk about, but it’s so important to plan ahead and make sure that your loved ones are taken care of in the event of the unexpected. That’s why it’s crucial to have a solid estate plan in place that includes a plan for guardianship of minor children if you become incapacitated or pass away. By nominating a trusted guardian, you can have peace of mind knowing that your children will be raised by someone who shares your values and beliefs.
Are my adult children going to fight over my estate plan?
As we age, it’s natural to worry about our children and their future. One concern that I often hear from clients is whether their estate plan will lead to conflict among their adult children. There are definitely steps you can take to minimize the chances of family conflict when it comes time to administer your plan. First, it’s important to communicate clearly and openly with your children about your wishes. You may also consider using a neutral third-party to facilitate discussions and prevent misunderstandings, or even to serve as the party handling your administration. Additionally, working with an experienced estate planning attorney can help ensure that your plans are legally sound and tailored to your specific needs. Remember, your estate plan is meant to be a gift to your loved ones, and by taking the time to plan ahead, you can help ensure a harmonious transition of your assets.
Are my beneficiaries going to undo my estate plan?
As an estate planner, I understand the weight of your concerns when it comes to ensuring that your beneficiaries don’t undo your hard work. One effective way to minimize this risk is to establish your estate plan with a Living Trust as the foundation. This will greatly minimize the chances that the court will get involved. Another way to minimize risk is to appoint a reliable Successor Trustee to oversee your administration and the distributions to your beneficiaries.
Whether you’re worried about the fate of your estate or not, I will always be here to offer the best advice and strategies that cater to your unique needs. I am committed to helping you draw up a comprehensive estate plan that will give you peace of mind.
How will my family know what my personal wishes are?
We often worry about what would happen if we were unable to express our personal healthcare wishes. It can be a daunting and frightening thought, but there are ways to ensure that your family knows exactly what your personal wishes are. One surefire way to accomplish this is to execute a valid Healthcare Power of Attorney and possibly a Living Will.
These legal documents outline your healthcare wishes, including end-of-life care and specific treatments and medications you either want or don’t want. Planning ahead and discussing your wishes with your loved ones can bring comfort and peace of mind to both you and your family. Don’t let the fear of the unknown keep you up at night.
Will my estate plan be protected if I need Medicaid?
I understand that the worry of losing your hard-earned assets to Medicaid can keep you up at night. But there are ways to protect your estate plan while still qualifying for Medicaid benefits. One such method is through the use of irrevocable trusts. By placing your assets into an irrevocable trust, you can ensure that they are protected from Medicaid’s asset limit requirements. Additionally, working with an experienced attorney can help you navigate the complex Medicaid eligibility rules and ensure that your estate plan is protected. I care about your peace of mind and want to help you feel confident that your future is secure.
What happens to all my personal property?
Your cherished possessions hold memories and sentimental value that cannot be replaced. It’s understandable to ponder questions such as, “Who will inherit them?” or “How can I ensure that they’re protected?” These are all valid concerns that require attention. It’s essential to have a plan in place for the future of your personal belongings. One common option includes establishing a Living Trust and then assigning your personal property to the trust. You can then execute memorandums to designate who you would like to receive specific items.
Will my beneficiaries squander their inheritance?
It’s human nature to worry about whether our beneficiaries will squander their inheritance. That’s why it’s crucial to create a comprehensive estate plan that not only aligns with our wishes but also ensures that our beneficiaries can access their inheritance responsibly. While we can’t control every aspect of our beneficiaries’ lives, we can provide them with the resources and guidance they need to make the most of their inheritance and achieve long-term financial success. By educating both my clients and their heirs, we can work together to create a legacy that will benefit generations to come. I take great pride in helping families secure their financial future.
Conclusion
All in all, the questions we have discussed surrounding estate planning really boil down to what keeps you up at night. Worrying about these matters can cause anxiety and ultimately interfere with a restful night’s sleep. That is why it is crucial to have an experienced estate planning attorney by your side to guide you through these difficult decisions and provide peace of mind. My office is dedicated to helping families plan for their future and give them assurance that their property, children, and other matters they care about are protected and taken care of. I’m here to listen to your concerns and work with you to come up with solutions tailored to meet not only your needs but that of your family as well. It would be a pleasure for us to walk this path together!
Cornerstone Legal is a virtual law firm. I travel to you and we can meet in the comfort and privacy of your home.
Contact Cornerstone Legal today at (517) 708-2222 or email me at Katrina@CornerstoneLegalPLLC.com.
