Talking about the follies of wealthy
or famous people is so popular that even the lousy estate plans they leave make
headline news. Think about all the celebs, like James Gandolfini, who have left
a mess for their children and other loved ones.
Very few, on the other hand, are
motivated by these stories to get their own estate plans in order.
The truth is
that the overwhelming majority of those reading this right now have an estate
just as messy as the celebs.
I won’t get too nerdy on you and
throw around code sections or advanced estate planning topics, but rather the
basics that everyone needs to button down and keep current.
The first issue is to ask whether
you even have a will, trust, durable power of attorney and a health-care power
of attorney. All but the trust is needed for even the simplest of estates. A
trust becomes more important if there are any matters that may need further
guidance or attention after your passing, such as managing money for minor
children until they are capable of receiving it. Another reason for trusts may
be your desire for privacy and avoiding your state’s probate process.
Sometimes a will or trust that is
very old is as dangerous as not having one at all. Provisions may be outdated
or superfluous, and badly in need of updating. For example, are you sure that
your former spouse is not named in any of the documents? Is it set up to
minimize both federal and state death taxes? Are people named as executors or
trustees no longer significant in your life or not even living?
Beyond your documents, you should
look at how you own property. For example, if you own an inherited rental
property jointly with rights of survivorship with your brother, and you pass
away; guess what happens? Your brother gets the entire property regardless what
your will says.
Similar problems can occur with
improper beneficiary designations of your retirement accounts, annuities or
life insurance policies. It is very easy to change beneficiaries, but you must
take action.
The good news about having a lousy
estate plan is that you’ll never know what a mess you created. The bad news is
that your heirs will have this experience as one of their last memories of you.
Estate plans need to be reviewed every five years or more often. Unfortunately,
this is one element of your financial plan that you don’t know when you’ll need,
so time is of the essence.