Common Estate Planning Mistakes
Are You Making One?
Putting together an estate plan is like writing the final chapter of your book, and you don’t want to make your book a horror story. Avoiding common estate planning mistakes will ensure your family isn’t confused, stressed, or surprised when it comes time to fulfill your final wishes. Forgetting to Keep Your Plans Fresh Life changes quickly. Marriage and divorce, births, and property sales are just a few events that can affect your estate plan. It’s easy to forget to account for these changes, but the result won’t be easy for your family to forget. Imagine leaving all your property to a former spouse because you
DIY estate plan. But like many people who go the do-it-yourself route, her situation didn’t work out well. Remember, you’re not a lawyer, and
mistakes are easy to make when you use online tools for help. Instead of trying to save a few pennies, talk to a lawyer and get your plan right. Naming the Wrong Executor
The executor of your will has an important job. They handle paperwork, settle debts, and ensure assets go to the right people. People often base their choice of executor on family connections only, but you must also consider qualifications. For instance, your eldest child might be a logical choice. But what if they live thousands of miles away and haven’t managed their finances well? It could mean delays, mistakes, and a major headache for everyone involved. The best move is to choose a reliable and organized executor, even if they’re not a family member. What story will you leave behind? Keeping your plans updated, seeking professional help, and making careful decisions will ensure it’s the one you want.
never updated your will. This might sound crazy, but it happens. If you created your estate plan years ago and never updated it, refresh it now. Creating a DIY Disaster It’s easy to be attracted to a DIY solution. They’re convenient and appear affordable, and who wouldn’t want to save time and a few bucks? Even Aretha Franklin, the “Queen of Soul,” had a
BEYOND THE WILL DO YOU NEED A HEALTH CARE PROXY?
It can be difficult to think about, but imagine being rushed to the hospital after a sudden accident. You’re unconscious and unable to speak. Do you know who will make critical decisions on your behalf? This is the role of a surrogate decision-maker. If you haven’t created a health care power of attorney naming a health care proxy, default surrogate decision-making will come into play. Most of the time, your next of kin will fill this role. State statutes vary, but the order of priority typically starts with a person’s spouse or domestic partner. From there, it moves to adult children, parents, and siblings. Some states also authorize close friends with default surrogate decision- making powers when others with higher priority are unavailable. Preparing for the Unexpected The process for granting decision-making powers in critical health care situations
is well thought out but imperfect. What happens when there are complex family dynamics or an estranged relative is legally first in line to make decisions? What about family members who can’t agree? Real-life situations can get complicated fast. Fortunately, default surrogate decision- makers must consider the known values and wishes of the person they represent. Health care professionals must also follow these wishes, which they don’t always know. This is why planning is essential — so your wishes are understood and respected. Avoiding Confusion and Uncertainty If you have preferences about medical treatments, don’t keep them a secret. Discussing them with your closest friends and family members is always advisable so everyone understands and is on the same page. Designating a health care proxy takes things a step further. You can choose
anyone as long as they are competent and at least 18 years old. Many people also choose an alternative surrogate to make decisions if their primary choice is unavailable. The designation document must be signed in the presence of two adult witnesses, although requirements may vary by state. Reviewing designations every few years and after major life events will keep them current. As with all long-term plans, taking a few steps now will give you peace of mind and ensure your wishes are clear. In the case of surrogate decision-making, planning also ensures your voice is heard even when you can’t speak for yourself.
2 • 919-726-0896
Made with FlippingBook Ebook Creator