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Estate Planning Blog

Serving Clients Throughout North Central Missouri

estate planning for Retirement

Who Is the Best Choice for Executor?

Creating an estate plan includes assigning a person (or persons) to three different roles: one to oversee financial affairs if you are incapacitated—Power of Attorney—the second to be the successor trustee of a trust and the third to be the executor of your will. According to a recent article from Kiplinger, these people are critical to caring for you while you are living and after you have passed. The title says it all: “How to Choose Your Trustee or Executor of Your Will.”

The person managing your estate and the Power of Attorney may have broad discretionary powers, so you’ll want to be sure they are prepared to follow your wishes, even if they aren’t the same as their own. All three are considered fiduciaries and have a legal duty to put your interests above theirs.

Trustee duties depend upon the directions in the trust. If a trust owns a family business, farm, or a portfolio of investments, you’ll want a trustee who understands your family’s business, farm, or investments. The trustee should know they can hire advisors and others who help them if they are unfamiliar with the assets in the trust and recognize a need for professional help.

Trustees need to read the trust and its provisions and understand its requirements. An estate planning attorney can help the trustee become more comfortable with their role. A letter outlining the grantor’s intent, the reason for the trust and desired goals will also be helpful.

Many people choose their child or the guardian of a minor child to be their successor trustee. Taking on this role should be discussed with the individual before the trust is finalized. If the trustee is asked to oversee assets for a minor child until they turn 30, it’s a long-term commitment. If the trustee is also the guardian of a child, the trust language should clarify if the assets are to be used for the child’s maintenance.

A non-family member is sometimes better if the family can pay the fees. An estate planning attorney or a professional trustee can take on this role. The professional trustee typically charges a percentage based on the value of the trust assets. Fees based on the value of the entire taxable estate may not make sense if the trust is simple and doesn’t require a lot of management.

A consultation with a skilled estate planning attorney should include discussions of who is available to serve as a successor trustee. There are very few situations that estate planning attorneys haven’t seen. They can help determine even the most complicated family dynamics to name a trustee.

Y Reference: Kiplinger (April 25, 2024) “How to Choose Your Trustee or Executor of Your Will”

estate planning

Why are Inheritance Conversations Necessary?

Having an estate plan prepared by an experienced estate planning attorney is nowhere near as challenging as having conversations with adult children about your intentions. However, not having the conversation is a major mistake. The big wealth transfer between generations has led to a rise in litigation over inheritances, according to an article from The Wall Street Journal, “Hash Out the Inheritance Now, or Fight Your Family Later.”

Typical fights? The child who stayed in their hometown to care for Mom versus the one who left to live out their dreams on the opposite coast. The biological children of the first spouse to die in a blended family. There’s plenty more. However, they all result from a lack of candid discussions before parents die.

A study by a financial services company found that a third of Americans state they have no plans to discuss their inheritance with their family. This refusal to have open discussions leads not only to litigation but also to lost family relationships.

Members of all generations need to hear from their parents and grandparents what they were thinking when they created their estate plan and decided how to distribute their assets. Even when the conversations are uncomfortable, the results are long-lasting.

For one family, a mother told her granddaughters she wanted them to inherit her diamond rings. She expressed her wishes but never put them into her will. Everything was left to her second husband. Her son knew where she kept the will but never asked to see it. Had he reviewed the will, he would have had an opportunity to remind her of her promise.

Blended families are particularly vulnerable to estate battles, making it even more important to have the inheritance conversation before their parents pass. Solutions include creating a trust, having specific provisions in the will and properly titling accounts and real estate assets to ensure that the property passes to the heir of your choosing.

The inheritance conversation is not a one-and-done discussion. Once children are mature enough, it’s good to start talking with them about financial matters. Business owners need to discuss succession plans, especially if their children are in the family business. Unexpected events can occur at any age, so waiting until retirement is on the horizon is not a good idea.

These discussions don’t need to happen at Thanksgiving or other family gatherings. Family meetings should be separate from family events. If family members live far apart, meeting via video might have to substitute. The important thing is to have ongoing discussions in whatever way works for the family.

Finally, one way to avoid surprises is to give heirs all or part of their inheritance with warm hands, that is, while you are still living. This gives parents peace of mind knowing that their children have already received their inheritances.

Reference: The Wall Street Journal (April 6, 2024) “Hash Out the Inheritance Now, or Fight Your Family Later”

Near Retirement Planning

Why You Should Regularly Update Your Will

Preparing documents like wills, trusts and powers of attorney will help make your passing easier for your loved ones. Such vital documents should change with your life circumstances. However, many adults never revisit their will after they write it. If you want your assets to do the best for your family, update your estate documents regularly.

What Can Happen If You Don’t Update Your Will?

Whitney Houston’s Costly Oversight

Whitney Houston’s unfortunate passing in 2012 left behind an outdated will. She created it in 1993, a month before the birth of her daughter. At the time, Whitney Houston didn’t expect to pass away before her daughter, Bobbi Kristina Brown, entered adulthood or to build a fortune of $20 million.

The outdated will stipulated that Bobbi Kristina would inherit 10% of Houston’s fortune at 21. By the time of Whitney Houston’s passing, this represented a staggering $2 million. This failure to update left Bobbi Kristina burdened with grief and vast financial responsibility. It may also have contributed to Bobbi Kristina’s own tragedy. Three years later, she died in a drug-related drowning incident like her mother.

Why Is It Crucial to Update Your Estate Plan?

If you want your loved ones to thrive even after you’re gone, update your estate planning documents regularly, as explained by the University of Florida in their guide, 17 Reasons to Update Your Will. Instead of planning for some far-off future, write your will with today in mind and update as needed. Here are some critical times when you should consider updating your will:

  • Moving to a New State: Laws differ by state. If you move, review your estate plan with a local attorney to ensure that you follow the new regulations.
  • Marriage or Divorce: Ensure that your estate plan reflects your current marital situation.
  • Adding to Your Family: The birth or adoption of a new family member warrants revising your estate plans.
  • Changes in Your Assets: If assets or the total value of your estate have changed, it’s advisable to update your will.

How Often Should You Update Your Will?

You should review your estate plan every three to five years. If you experience significant life events, you should make a special update to your will. Consult an experienced estate planning attorney and ensure that your documents reflect your wishes.

When Should You Consult an Estate Planning Attorney?

Anything that would make your old will outdated is a reason to consult an attorney. A possible reason to revise your estate could be a change in your familial relationships or the growth of your estate. Whatever your circumstances, an attorney can provide guidance tailored to your current needs.

Conclusion

Don’t wait for the unexpected; regular updates to your estate plan can protect you and your loved ones from future complications. If you’re uncertain whether your estate plan is current, contact our law firm to schedule a consultation. Our experienced team is ready to help ensure that your final testament is best for you and your loved ones.

Key Takeaways

  • Regular Updates Are Essential: You should change your will after major events, such as marriage, moving, or having children.
  • Protect Your Loved Ones: An up-to-date will can distribute your assets according to your wishes.
  • Consult Professionals: Keep your estate planning on track by regularly consulting an attorney.

References: AARP (September 2016), “Celebrity Estate Planning Mistakes”

University of Florida, “17 Reasons to Update Your Will”

peak earning years planning

Challenging a Will: What to Do If You Believe Your Inheritance Is Incorrect

Dealing with the death of a loved one is never easy, and it can be even more challenging when you have questions about your inheritance. You might feel like a will doesn’t match the intent of your deceased loved one, whether they forgot to update it or made another mistake. Beneficiaries have the right to challenge a will that they feel is wrong.

What Should You Do If You’re Unsure about Your Inheritance?

When a loved one passes away, it’s natural to have questions about what you’ll inherit. The first step is to understand the will’s contents and the executor’s role. The executor manages the deceased’s estate and distributes the assets according to the will.

When to Challenge a Will

Consider the story NJ.com shared, where a woman was unsure if she received the right inheritance after her mother died. The woman struggled to communicate with her brother, the executor. The last she’d heard from her mother, she had assets such as insurance policies, a safe deposit box, and a paid-off home.

However, the brother claimed the mother had liquidated her assets and reverse-mortgaged her home and that nothing was left. Naturally, the woman was afraid that she was being defrauded of her inheritance.

What Does it Mean to Contest a Will?

Contesting a will involves legally challenging its validity. Beneficiaries often do this because they believe the will does not accurately reflect the deceased’s wishes.

You may be able to contest a will if you have standing and valid legal grounds. Broadly speaking, you can challenge a will if you believe it’s been revoked or is legally invalid. As MetLife describes, the most common grounds to contest a will include:

  • Forgery: Believing the will was signed by someone other than the decedent or the decedent wasn’t mentally competent.
  • Lack of due execution: The will wasn’t executed following legal protocols.
  • Mistakes or incompleteness: The will contains errors or is unfinished.
  • Mental incapacity: The decedent was not of sound mind when creating the will.
  • Undue influence: The decedent was coerced or manipulated into signing the will.
  • Revocation: The decedent had revoked the will by creating a new one or destroying the old one.

Who Can Contest a Will?

To contest a will, you must have legal standing. Generally, this means you have a financial interest in the estate. Some cases in which you would have standing include being named in a previous version of the will or if state law would leave you to inherit the estate without a will.

How Can You Protect Your Inheritance Rights?

If you believe you are not receiving the inheritance you are entitled to, there are steps you can take to protect your rights:

  • Communicate with the Executor: Try to resolve any issues by discussing them with the executor.
  • Request a Copy of the Will: You have the right to see the will and understand its contents.
  • Seek Legal Advice: If you cannot resolve the issue, consider seeking legal advice to explore your options.

What Should You Do to Contest a Will?

If you decide to contest a will, it’s important to act quickly. After all, most states offer a limited timeframe for you to file your challenge. Reach out to our estate planning attorneys today to schedule a consultation and get started.

Key Takeaways

  • Understand Your Rights: Know what you are entitled to inherit and communicate clearly with the executor.
  • Legal Grounds: Contesting a will requires valid legal reasons such as forgery, lack of mental capacity, or undue influence.
  • Seek Legal Advice: Consult an attorney if you have concerns about your inheritance or wish to contest a will.
  • Estate Planning: Creating a clear and legally binding will can help prevent disputes and ensure your wishes are followed.

References: MetLife (Jan. 30, 2023) “Contesting a Will: What to Consider”

NJ.com (Feb. 18, 2019) “My mom died. How can I know I’m getting the right inheritance?”

estate planning for Married Couples

Trust Terms: A Guide to How Trusts are Created and Distributed

This guide defines the essential terms and the process of creating and distributing a trust, helping you plan confidently. It is advisable to work with an experienced estate planning professional to tailor a trust that meets your specific needs and help guide trustees through the intricate financial duties of managing the trust.

How Is Trust Created?

A trust is a legal document that outlines how your assets will be managed during your lifetime and after your death. The person who creates the trust is the grantor, also known as a settlor or trustor. This individual has the legal authority to transfer ownership of their property or assets into the trust. Upon the grantor’s death, they are referred to as the decedent. The grantor supplies the assets within the trust.

Step 1: Decide What Assets to Place in the Trust

The first step in establishing a trust involves deciding which assets you want to include. Assets are property or valuable items, both concrete and digital, that transfer ownership from the grantor to the trust. They can range from cash, real estate, stocks, bonds and business interests.

Step 2: Identify Your Beneficiaries

Next, determine who will benefit from the trust, known as the beneficiaries. This could be family members, friends, or charitable organizations.

Step 3: Determine the Rules of Your Trust

The grantor also sets the trust rules for how assets should be distributed or given to the beneficiaries. Funds could be designed for educational purposes, as a steady income, or as a lump sum upon reaching a certain age.

Step 4: Select Your Trustee or Trust Manager

The trustee’s job involves managing the trust’s assets to a high level of responsibility and dedication, called fiduciary duties. They ensure that all distributions to beneficiaries are made according to the trust rules, and fund management may last several years. The grantor can choose a trusted individual or a professional institution to serve as trustee.

Step 5: Drafting and Funding the Trust with an Estate Attorney

Create your trust by drafting a legal document with an estate planning attorney. Lastly, the grantor must fund the trust or transfer ownership of all assets, known as the principal, that the trust will manage. Assets must be placed in the trust for the trust to have legal authority over them.

How are Assets in a Trust Distributed to Beneficiaries?

Trust administration is the process of managing the assets, distributions and filings of a trust after the grantor’s death. These tasks can often be complex and time-sensitive, making the professional guidance of an estate lawyer essential. The trustee is responsible for managing the trust’s assets, ensuring that distributions are made in accordance with the trust document and fulfilling other fiduciary duties.

Step 1: Notification and Documentation

The trustee will gather all necessary documents, including the trust agreement and death certificate. They must notify all beneficiaries and related parties about the trustor’s death and the start of the trust administration process.

Step 2: Trust Asset Management

The trustee assesses and manages the trust’s assets. This may include liquidating assets, transferring titles and ensuring proper valuation. The trustee must also maintain detailed records of all transactions and decisions made.

Step 3: Financial Obligations

The trustee is responsible for settling the trust’s debts and obligations, including paying taxes. Before distributing assets to beneficiaries, they must ensure that all financial responsibilities are met.

Step 4: Distribution of Assets

Once all financial obligations have been met, the trustee distributes the assets, which involves making a payment or giving property from the trust to the beneficiaries based on the trust terms. Depending on the specific stipulations of the trust, this could be in the form of lump sums, structured payouts, or ongoing distributions.

Step 5: Ongoing Trust Management

If the trust is designed to continue over time, the trustee must manage it according to its terms. This includes ongoing investment management, tax filings and distributions to beneficiaries as required.

Trust Terms Definitions

  • Beneficiary: Individuals or entities named by the grantor to inherit the assets in the trust.
  • Fiduciary: Someone obligated to act in the best interest of another, such as a trustee for a beneficiary.
  • Funding: The act of transferring assets into the trust is essential for its effectiveness.
  • Grantor: The person who establishes a trust. They are also known as the settlor or trustor.
  • Distributions: Making payments or giving property from the trust to the beneficiaries as outlined in the trust’s terms. Depending on the trust’s rules, this can include periodic payouts, lump-sum disbursements, or specific allocations of property.
  • Principal: The original assets placed into the trust, excluding any earnings like interest or dividends.
  • Trust: A legal document that outlines how your assets should be managed during your lifetime and after your death.
  • Trust Administrator: A professional responsible for overseeing a trust managed by a financial institution.
  • Trustee: The organization or person tasked with managing the trust.

Understanding these terms and the steps to creating a trust can empower you to make informed decisions about your estate. Consult with an experienced estate planning professional to help you navigate these processes and establish a trust that aligns with your wishes and efficiently provides for your beneficiaries.

References: U.S. Bank “Trust Terms You Need to Know” and American Bar Association “Glossary of Estate Planning Terms: Estate Planning Information & FAQs”

Approaching Retirement

Why Consider a Prenup before Your Wedding

Prenuptial agreements (“Antenuptial Agreements”) are gaining popularity among millennials. While there’s still a stigma persisting against prenups, they can protect both parties in the event of unexpected troubles. The American Bar Association recommends prenups as a valuable tool to clarify each new spouse’s financial goals and assets, whether joint or separate.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal contract between two people about to get married. It outlines how assets and debts will be handled during and after the marriage. This can include property, investments, and even future earnings.

Are Prenuptial Agreements Only for the Wealthy?

Many people believe that prenuptial agreements are only for the rich and famous. However, they can be beneficial for anyone. Whether you have significant assets or not, a prenup can protect your financial interests and provide peace of mind.

Why Do Prenups Still Feel Taboo?

Despite their benefits, prenuptial agreements often feel taboo. According to Sky News, many people view discussing financial matters before marriage as unromantic or unfaithful. However, this perspective is changing. As time passes, more people recognize the practical benefits of a prenup.

A Story of Prenups and Peace of Mind

The Sky News article tells the story of Olivia and Leo. Olivia built a business from the ground up, and both had children from previous marriages. “The idea of a prenup isn’t very romantic,’ she said.

However, they created a prenup to outline everything they owned. “It didn’t feel right that if something were to happen in the future, I could just have what she had built with her business,” said Leo. Their agreement gave them peace of mind, allowing them to focus on their relationship without unneeded financial worries.

What Should Be Included in a Prenup?

A prenuptial agreement can cover a wide range of issues, including:

  • Property Ownership: Who owns what property, and how it will be divided in case of a divorce?
  • Debts: How existing debts will be handled.
  • Inheritance: Protection of family inheritances.
  • Business Interests: Protection of individual business interests.
  • Financial Responsibilities: How finances will be managed during the marriage.

How to Discuss a Prenup with Your Fiance?

Bringing up the topic of a prenuptial agreement can be challenging. Here are some tips:

  • Start Early: Discuss the possibility of a prenup well before the wedding.
  • Be Honest: Openly discuss your financial situation and concerns.
  • Focus on the Future: Emphasize that a prenup is about planning for the future and ensuring financial stability.

Plan For Peace of Mind with a Prenup

If you are considering a prenuptial agreement or want to learn more about how it can benefit you, contact our estate planning law firm. We can help you create a plan that protects your interests and ensures a stable financial future. Schedule a consultation with us today to get started.

Key Takeaways

  • Financial Clarity: Prenuptial agreements clearly understand each partner’s financial rights and responsibilities.
  • Protection of Assets: A prenup can safeguard personal and family assets for both partners.
  • Debt Management: Prenups help manage and separate individual debts, shielding partners from the others’ liabilities.
  • Conflict Reduction: A prenuptial agreement significantly reduces conflicts and legal battles post-divorce.
  • Future Planning: Prenups facilitate open discussions about finances, helping couples plan for a stable financial future.

References: News.Sky (May 20 2024) Prenuptial agreements are on the rise – so why do they still feel taboo?” and American Bar Association (May 1 2024) What Is a Prenuptial Agreement?

personal injury

How to Discuss Estate Planning with Your Aging Parents

Estate planning is essential to protect your parents’ assets and wishes. Proper estate planning can put their assets to use, serving their priorities, even when they’re gone. It can spare you and your loved ones extra stress while you process their passing. However, discussing estate planning can be uncomfortable for everyone involved. Take a compassionate, thoughtful approach to having a conversation that benefits everyone.

When Should You Talk to Your Parents about Estate Planning?

According to Thrivent, the best time to talk to your parents about estate planning is sooner rather than later. When your parents are relaxed and receptive, starting a conversation about their passing is easier. If you wait until a crisis, you’ll have to navigate the emotional burdens your parents are already suffering. Be proactive and discuss estate planning with your parents, when possible, not when necessary.

How to Start the Conversation

Before bringing up the topic, organize your thoughts and consider who needs to join the conversation. Involve siblings or other close family members and ensure that everyone is on the same page. Emphasize that the conversation is about supporting your parents. Put their wishes first and foremost, rather than centering on anyone’s personal gain.

What Estate Planning Topics Should I Discuss with My Parents?

  • Wills: Ask your parents if they have a will and if it’s up to date. A will outlines how they want their assets distributed and names an executor to handle the document’s requests.
  • Power of Attorney: Discuss the importance of power of attorney. This way, your parents have someone to handle financial issues if they are unable to do so themselves.
  • Healthcare Proxy: A healthcare proxy is also known as a healthcare power of attorney. By setting this up, your parents can choose someone to make medical decisions on their behalf if they are incapacitated.
  • Living Will: A living will dictates end-of-life care preferences, including options such as feeding tubes, respirators and do-not-resuscitate orders.
  • Trusts: Explain the benefits of setting up a trust. A trust can manage assets during and after their lifetime. This can protect them from fraud and abuse and reduce the tax burden on their estate.
  • Beneficiaries: Ensure that your parents have up-to-date beneficiary designations on their accounts and life insurance policies.
  • Burial Decisions: Discuss any pre-planned funeral arrangements or burial plots they might want to purchase in advance.
  • Organ Donation: Many people wish to donate their bodies for the good of others. If they wish to do so, your parents will need to complete a consent form first.

Reflecting on the Next Step

If your parents have already started estate planning, this conversation can help clarify their plans and address any gaps. By approaching the topic with compassion and patience, you can help them take important steps toward securing their future.

Don’t Leave It Up to Chance

Estate planning is crucial for protecting your aging parents’ wishes and ensuring peace of mind for the whole family. To learn more or to start creating a plan, request a consultation with our experienced estate planning attorneys today.

Key Takeaways

  • Set Clear Intentions: Make it clear that your goal is to support your parents and ensure that their wishes are followed.
  • Explain the Benefits: Highlight how estate planning protects their legacy and reduces future stress for the family.
  • Listen Actively: Give your parents space to share their thoughts and feelings. Respect their decisions and pace.
  • Offer Help: Assist with finding an attorney or accessing necessary forms and documents.

Reference: Тhrivent (Jul. 25, 2023) “How to Talk to Your Parents About Estate Planning With Compassion | Thrivent

Extended-Family

Planning for Retirement with a Special Needs Child

Retirement is a time to relax and enjoy life after years of hard work. However, parents of children with special needs will need to handle this transition with care. By planning early, you can ensure your child’s long-term care and your own financial future.

Start Early and Plan Ahead

Beginning your retirement planning early is crucial. Likewise, this process should be an extension of your existing financial planning. Starting early allows you to anticipate state and federal benefits changes and adjust your strategies accordingly.

For instance, Medicaid waivers and other support systems can be unpredictable. Just because these benefits systems can supplement your needs today doesn’t mean they’ll be able to do so tomorrow. Flexible, far-sighted financial preparation can help you absorb changes in benefits programs.

What Conversations are Needed?

Open communication between both parents is vital. It’s common for parents to prioritize their child’s needs over their own retirement savings. However, finding a balance is key. Both parents should be on the same page regarding their goals for retirement and their child’s future. Involving a financial planner and a special needs attorney can help align these goals and create a comprehensive plan.

Realistic Planning with Jeff and Emily’s Insights

Two professionals with Special Needs Alliance weighed in on planning for retirement with a special needs child. One, Jeff Yussman, emphasizes the importance of honest discussions about assets, liabilities, and the desired retirement lifestyle.

Another advisor, Emily Kile, highlights the need to leave an advocate for their child in advance. It may be smart to move a child with special needs to a future housing option while parents are still alive. This can reduce the pain and uncertainty of making such moves when the parents pass away.

Financial Preparation to Retire with a Special Needs Child

The first step is reviewing the titles on your accounts, beneficiary designations and estate plans. Ensuring that the chosen trustees and agents align with the goals for your child with special needs is critical. You should consider the financial security available through life insurance policies, such as second-to-die life insurance.

How to Arrange Future Care for a Child with Special Needs?

Parents must also plan for the long-term care of their child with special needs. This includes preparing for the potential loss of private health insurance and understanding the longevity of their financial plans. It is important to have regular estate planning meetings that account for these factors.

How Can I Involve Family in Retirement Planning with a Special Needs Child?

While well-intentioned family members might offer to care for your child, their circumstances can change. Marriages, divorces, and other life events can impact their ability to provide consistent care. Plan for these variables to ensure your child’s stability.

Begin Your Retirement Plan Today

Planning for retirement when you have a child with special needs can be challenging. However, you don’t have to do it alone. Our firm focuses on all matters related to estate planning. Reach out today for a consultation. We’ll help you create a comprehensive plan to secure the financial futures of both you and your child with special needs.

Key Takeaways

  • Start Early: Begin planning for your retirement and your child’s future as soon as possible to anticipate and adapt to changes in benefits and needs.
  • Open Communication: Ensure that both parents are aligned on goals and involve professionals, like financial planners and special needs attorneys.
  • Financial Preparation: Review and update account titling and beneficiary designations and consider life insurance policies to secure your child’s future.
  • Long-term Care: Plan for your child’s long-term care, including potential loss of private health insurance and regular updates to your estate plan.
  • Involve Family Carefully: Consider the potential changes in family members’ circumstances and plan for your child’s stability accordingly.

Reference: Special Needs Alliance (Oct. 7, 2022) How to plan for retirement when you have a child with special needs

married couples estate planning

Pet Insurance and Naming Someone to Care for My Pet When I Die?

Americans love our animal companions, whether cats, dogs, lizards, mice, or chickens. Ninety-five percent of 16,000 dog and cat owners said their pets were part of the family, and most said they would pay any amount if their pet needed veterinary care. It’s a nice sentiment, but according to a recent article from The Street, “Best Tips For Navigating Pet Insurance and Estate Planning Costs,” the rising costs of pet medicine may not always allow this to occur.

Consumer Reports says few pet owners have pet insurance, and even when they do, coverage is not always a slam-dunk. One large insurance company canceled 100,000 pet insurance policies, leaving these owners few options. Pre-existing conditions aren’t covered in pet insurance, so older pets may be left in shelters when owners can’t pay for their vet bills.

If a pet policy is in place and the owner dies, the policy typically ends. The new pet owner must purchase a new one. This may be prohibitive for the new owner, making pet estate planning necessary.

Pet estate planning is exactly as it sounds—estate planning with a pet in mind in case the pet owner dies before the pet. The typical plan includes a pet trust containing funds dedicated to the animal’s care, with a trustee named who will be in charge of the assets.

A pet estate plan also names a person as the pet’s custodian. This person may or may not be the same person who is a trustee of the pet trust.

Estate planning is important for senior pets, who are less likely to be adopted if they are in a shelter and more likely to have expensive medical costs. Another reason for a pet trust? If the owner becomes incapacitated, admitted to a hospital, or needs to spend an extended time in a rehabilitation facility and won’t be able to care for the pet, the trustee can act.

How do you know how much to place in a pet trust? The amount depends upon the type of animal, their life expectancy, and the overall cost of their care. For instance, a pet trust for a horse would need to be far larger than one for a domestic cat.

Why can’t you give someone money in your will to take care of your pet? Unless the money is in a trust, there’s no way to ensure that the funds will be spent on the pet’s care. A trustee is a fiduciary bound by law to use the trust’s assets for the pet’s well-being.

An estate planning attorney can create a pet trust and guide the owner in naming a trustee and custodian. Just as an estate plan needs to be reviewed and updated every few years, the pet trust should also be reviewed.

Reference: The Street (June 10, 2024) “Best Tips For Navigating Pet Insurance and Estate Planning Costs”

elder care

Don’t Wait for Surgery or Health Crisis to Create an Estate Plan

Estate planning is essential for everyone, regardless of age or health status. Good estate planning protects your wishes, assets, and your loved ones. However, many don’t start thinking about estate planning until they have a health crisis. This tends to bring stress, complications and other problems that are avoidable with proactive estate planning.

What are the Risks of Delaying Estate Planning?

Many people delay estate planning until they face a serious health issue. Without a plan, you might lose control over your assets, healthcare and even your children. Your loved ones may also face legal battles in probate. Many families have suffered avoidable financial hardship because the courts held up a deceased loved one’s assets.

Estate planning isn’t just for your loved ones. If you cannot care for yourself, the courts must appoint someone to make your financial and health decisions. Laying out a power of attorney, medical proxy and other documents can keep you in control.

Common Barriers to Estate Planning

Even those who understand the importance of estate planning often procrastinate. According to a study by Caring.com, the main reasons include:

  • Lack of assets: People believe they don’t have enough assets to leave behind.
  • Complicated process: Individuals fear the process is too complicated and don’t know where to start.
  • No beneficiaries: They don’t have someone to leave assets for.
  • Other priorities: More pressing issues need to be addressed.

When to Start Estate Planning?

According to ElderLawAnswers, you should begin estate planning when you turn 18. Even young adults can benefit from having basic documents, like a will and a healthcare proxy. The sooner you start, the more prepared you’ll be for unexpected events.

What are the Essential Estate Planning Documents?

Before you can start estate planning, you’ll need a few estate planning documents. These include:

  • Will: A will specifies who will inherit your assets and who will be the guardian of your minor children.
  • Power of Attorney: This document allows you to designate someone to make financial decisions on your behalf if you become incapacitated.
  • Healthcare Proxy: A healthcare proxy lets you appoint someone to make medical decisions if you cannot.
  • Living Will: A living will outlines your wishes regarding medical treatment and end-of-life care.

Don’t Wait for a Health Crisis

Estate planning is a crucial step to protect your future peace of mind. Don’t wait for a health crisis to start planning; start today. Contact us and schedule a consultation with your estate planning attorneys to develop a custom plan.

Key Takeaways

  • Ensures Control: You maintain control over your assets, healthcare decisions and guardianship of minor children.
  • Reduces Stress: Proper planning prevents unnecessary stress and legal battles for your loved ones.
  • Protects Assets: An estate plan safeguards your assets from legal complications and unnecessary taxes.
  • Provides Peace of Mind: Knowing your wishes are documented and will be respected provides peace of mind for you and your family.

References: Caring (2024) “2024 Wills and Estate Planning Study – Caring.com” and ElderLawAnswers (April 5th, 2023) “Don’t Wait Until You’re Sick to Create an Estate Plan