Common Estate Planning Myths Debunked
You might think estate planning is only for the wealthy or too complicated and expensive. These are just a few myths surrounding estate planning. Read more…
Common Estate Planning Myths
Debunked
You might think estate planning
is only for the wealthy or too complicated and expensive. These are just a few
myths surrounding estate planning that I hear often. In reality, estate
planning is critical for everyone, including you, regardless of age or financial
status.
Many people don’t really
understand what estate planning is - even attorneys sometimes don’t really
understand it. So, I’ll take this opportunity to set the record straight and
debunk some common myths, then explore why you need an estate plan, and how to
get the right one, at the right price.
Myth 1: Estate Planning is
Only for the Wealthy
One of the most persistent myths
about estate planning is that it's only necessary if you have significant
wealth or valuable assets. This couldn't be further from the truth. Estate
planning isn't about the size of your estate; it's about making sure that when
something happens to you - as it will - the people you love aren’t left with a
big mess to deal with. Consider this: Do you have a bank account? A car?
Personal belongings with sentimental value? A life insurance policy? If you
answered yes to any of these, you have an estate. But even more importantly, do
you have people you care about? Family members who depend on you? Or people you
love who are going to be stuck dealing with your mess, if you don’t take care
of these things while you can. If so, you need an estate plan.
Estate planning isn't just about
distributing assets. It's about making important decisions that will affect
your loved ones. For instance:
- Who will take care of your minor children if
something happens to you? And, how will they take care of them?
- Who will make medical decisions on your behalf if
you're incapacitated? And, how will they make those decisions?
- Who will manage your digital assets, like email,
social media accounts or cryptocurrency?
- Who will make sure your bills get paid?
These questions apply to
everyone, regardless of their net worth. By creating an estate plan, you're not
flaunting wealth; you're taking responsibility for your life and the people you
care about. After all, someone will have to deal with these things. It’s
unavoidable. You can do it now and make it easy on your loved ones (and have
more control over outcomes), or you can procrastinate it or avoid it
altogether, and leave the people you love with a complicated and expensive mess
to clean up, if you become incapacitated or after you die.
Myth 2: Estate Planning is
Complicated and Expensive
Another common misconception is
that estate planning is an overly complex and costly process. While it's true
that estate planning involves legal documents and careful consideration, it
doesn't have to be overwhelming or break the bank. In fact, we promise to make
it as easy as possible for you, at the right budget based on your family
dynamics, assets, and needs.
The complexity and cost of your
estate plan will depend on your specific situation and goals. Our Life &
Legacy Planning process is specifically designed to start with getting you
educated and organized, so we can support you to choose the right plan for you
and your loved ones.
You can either start with one of
our educational presentations or a 15-minute call with our office. From there,
we guide you through a Planning Session that will have you relieved at how
educated you are. We often hear afterwards, “wow, if I knew I would feel this
great after our Session, I would have done this much sooner. I didn’t know
working with a lawyer could feel like this.” One of the main purposes of the
Planning Session is to look at the cost of the “state’s plan” or your current
plan (if you created a will or a trust in the past), and to ensure you are 100%
clear about what would happen, if you become incapacitated or when you die.
And, then, we look at exactly what you would want, and the cost to create a
plan that meets your wishes. You are then able to make an informed, educated
decision about what you want to do for yourself, and the people you love.
When you consider the peace of
mind and potential savings in time, stress, and money for your loved ones down
the line, Life & Legacy Planning is often the best way to save your loved
ones time and money, while also creating optimal value and use of your
resources, during your own lifetime. Think of it as insurance for your legacy –
a small cost now can save your loved ones significant trouble and expense
later.
Myth 3: I'm Too Young to Need
an Estate Plan
You might think estate planning
is something you can put off until you're older, but this is a dangerous
assumption. Life is unpredictable, and having an estate plan in place is
crucial regardless of your age.
If you're a young adult, you
might not have accumulated much wealth yet, but you still have important
decisions to make. For instance:
- Who will manage your social media accounts if
something happens to you?
- Who will take care of your pets?
- If you have a small business or side hustle, what
will happen to it?
- Who will be responsible for paying off your student
loans or other debts?
Moreover, estate planning becomes
even more critical if you're a young parent. Your estate plan can designate
guardians for your children and set up trusts to manage any assets they might
inherit. Without these provisions, the court may have to decide who raises your
children, leading to family disputes and potentially placing your children with
someone you wouldn't have chosen.
Even if you're single with no
dependents, an estate plan is critical, maybe even more so because it’s up to
you to determine who will care for you, if you cannot care for yourself. You
really don’t want to leave that to a judge to decide. Your plan will ensure
your wishes are respected if you become incapacitated, designate who will make
medical decisions for you, and specify how you want your assets distributed.
This can prevent potential conflicts among family members and ensure your
hard-earned assets go to the people or causes you care about most.
Remember, estate planning isn't
about planning for your death; it's about planning for life, and the
uncertainties sure to come. It's about taking control of your future and caring
for the people and things you love, no matter your age.
Myth 4: Once I Create an
Estate Plan, I'm Done
Another common misconception is
that estate planning is a one-time event. In reality, your estate plan should
evolve as your life changes. Major life events that might necessitate updates
to your estate plan include:
- Marriage or divorce
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant changes in your financial situation
- Purchase of a home or other major asset
- Starting a business
- Moving to a different state
Even if you haven't experienced
any major life changes, it's important to review your estate plan at least
every three years, though we recommend you review your assets and how they are
titled, annually. Laws change, and what was optimal a few years ago might not
be the best strategy now. For example, the Tax Cuts and Jobs Act of 2017
significantly increased the federal estate tax exemption. If your estate plan
was created before this change, it might need adjusting to take advantage of
the new tax laws.
Regular reviews also give you a
chance to reconsider your choices. Maybe the person you initially chose as your
children's guardian is no longer the best fit. Or perhaps your financial
situation has improved, and you'd like to include charitable giving in your
estate plan.
Keeping your estate plan
up-to-date ensures it continues to reflect your wishes and provides the best
possible protection for your loved ones. Think of it as a living document that
grows and changes with you, rather than a static set of instructions. It’s so
important that we include regular reviews at least every three years in all our
Life & Legacy Plans, and have systems to keep your plan up to date.
As we observe National Estate
Planning Awareness Week, it's time to move past these myths and recognize the
true value of estate planning. It's not a luxury for the wealthy, a complex
process beyond your reach, or something you can put off until later in life.
It's a fundamental aspect of responsible financial planning that everyone
should consider. By creating and maintaining an estate plan, you're taking
control of your legacy, ensuring your wishes are respected, and providing
invaluable peace of mind for yourself and your loved ones. Don't let
misconceptions hold you back – consult with a qualified estate planning
attorney today and take the first step towards securing your future.
How We Help You Take Action
Today
Don't let common estate planning
myths prevent you from securing your future. As a Personal Family LawyerⓇ
Firm, we help you create a comprehensive Life & Legacy Plan that goes
beyond basic estate planning. We'll outline strategies for your assets, prepare
for potential incapacity, and ensure your family is cared for, even if the
unexpected happens. Our approach includes regular reviews to keep your plan
current with life changes, and we even help capture family memories and
traditions. With our guidance, you can rest easy knowing your wishes will be
honored, your loved ones cared for, and your property protected.
Take the first step towards peace
of mind - click here to schedule a complimentary 15-minute consultation and
learn how we can help you create your personalized Life & Legacy Plan:
https://calendly.com/myachorlaw/15min
This article is a service of Attorney John F. Koenig, Anchor
Law, Life and Legacy Planning, LLC, a Personal Family Lawyer® Firm. We don’t
just draft documents; we ensure you make informed and empowered decisions about
life and death, for yourself and the people you love. That's why we offer a
comprehensive Life & Legacy Planning Session™, during which you will get
more financially organized than you’ve ever been before and make all the best
choices for the people you love. You can begin by calling our office today to
schedule a Life & Legacy Planning Session™.
The content is sourced from Personal Family Lawyer® for use
by Personal Family Lawyer® Firms, a source believed to provide accurate
information. This material was created for educational and informational
purposes only and is not intended as ERISA, tax, legal, or investment advice.
If you are seeking legal advice specific to your needs, such advice services
must be obtained on your own separate from this educational material.
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