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Emotions the Estate Planning Process Can Bring Up and How to Address Them

Emotions the Estate Planning Process Can Bring Up and How to Address Them

People often have a ready list of reasons—or depending on how you look at it, excuses—for putting off completing their estate plan: “I just haven’t gotten around to it yet”; “I don’t own anything of value”; “It’s too complicated”; “It’s too expensive”; “My family can handle things when I’m gone”; or “I’ll wait until I’m older and really need one.” These attitudes are reflected in the numbers; most Americans have no estate plan, and many do not intend to create one.1

However, lurking beneath the surface is perhaps a more powerful and all-encompassing motivation for their inaction: a desire to avoid the complex emotions that often accompany estate planning.

Estate planning requires confronting emotionally charged topics. While thinking about your potential incapacity (inability to manage your own affairs) or death may be unsettling, avoiding uncomfortable topics and the feelings they trigger can often make the situation worse for you and your loved ones.

Instead of avoiding these topics, try to recognize and reframe the estate planning process as the opportunity to take control and create something positive and productive. You will feel more empowered by taking action now, and your family will thank you later.

Why We Avoid Estate Planning: The Psychology Behind “Not Yet”

Estate planning is not merely a legal process; it is also an emotional one.

Some people may admit that they would “rather not think about” estate planning or they are “not ready yet.” But among those who keep putting off their plan, chances are that estate planning is never far from their mind, at least indirectly.

A 2025 survey found that nearly one in five people think about their own death at least once daily and about two-thirds have given serious thought to their end-of-life arrangements.2 Many have even decided on the details of how they want to be buried (29 percent), the location of their final resting place (19 percent), and the type of service they want (17 percent).3 Fourteen percent said they have even curated their funeral playlist.4

At the same time, death and estate planning ranked as the second-most difficult subject to talk about with loved ones, along with topics such as mental health, past mistakes, and regrets.5 Twenty-five percent of respondents called death and estate planning “uncomfortable.”6

The survey reveals a key barrier to the estate planning process: thinking about death privately and discussing it with others are two very different things.

While avoiding topics that spark complex emotions may feel easier in the short term, it can reinforce negative feelings over time and make it harder to act on important matters, including estate planning, even when you know it is necessary.

However, the same emotions that make estate planning difficult can become the very means that help you complete it—if you learn how to appropriately reframe your feelings.

Turning a Negative into a Positive: Estate Planning and Emotional Reframes

Emotion and cognition are closely linked. Strong emotions make it harder to think and act by disrupting the very processes required to analyze problems and identify possible solutions.

Psychological research indicates that naming and reframing emotions can enhance emotional regulation, sharpen thinking, and improve decision quality.

This approach, known as cognitive reappraisal, involves changing how you interpret a situation to alter its emotional impact.7 By focusing on aspects of a situation that evoke positive emotions rather than negative ones, you make it easier to solve problems and achieve your goals.

In the context of estate planning, you should not be expected to ignore difficult emotions. In fact, these strong emotions often mean that what you are doing truly matters. Denying your emotions can hinder progress, while reframing them as useful signals can help you move forward.

In practice, applying cognitive reappraisal to estate planning might look something like this:

  • Fear → Control and Readiness

    Fear often arises when the unknown feels bigger than what we can manage. Reframing it as a cue to gain control by organizing documents, clarifying intentions, and identifying decision-makers can help transform fear into action. Fear, in this light, becomes the starting point for readiness.
  • Sadness → Legacy and Meaning
    
Sadness often appears because of real or perceived loss, but it can also reveal what matters most to you. By channeling that emotion into expressing your legacy—writing letters, creating trusts for loved ones, or supporting causes that reflect your values—you can turn grief into purpose.
  • Anger → Fairness and Clarity

    Anger often grows from family conflicts, blended family tensions, or perceived injustices. Reframing anger as a drive toward fairness and clarity enables that energy to fuel precise, balanced planning, which reduces later confusion and conflict.
  • Anxiety → Preparedness and Confidence

    Anxiety often stems from uncertainty. By naming what worries you, such as finances, taxes, and medical decisions, and directly addressing those issues in your plan, you replace vague dread with concrete action and certainty. Each completed step reinforces calm and confidence.

Ultimately, the goal of cognitive reappraisal is to turn negative emotions such as anger, fear, and sadness into positive ones, including happiness, peace, and joy: happiness that you finally got your plan together, the peace of mind that comes from transforming uncertainty into vision, and the joy of knowing that your loved ones will be taken care of and protected when you are gone.

The process itself can be a powerful act of self-understanding. If, at the end of it, you feel lighter, calmer, or more at peace, it is because of the relief that comes from clarity and resolution, not from avoidance, denial, or wishful thinking. You have faced something difficult and deeply human, taking control not just of your money and property, but also of your narrative and legacy.

Be Courageous and Meet with Us

There is an idea in philosophy that all stories are ultimately about fear of death and reflect our struggle to face mortality. A similar psychological truth might explain why so many people hesitate to create an estate plan.

Even when they do, the process often touches every emotional nerve. It can surface old family conflict, unspoken expectations, and differing ideas of what is “fair.” It asks us to imagine a world without ourselves in it, to assign value to what we have built, and to make choices that may please some loved ones but not others. That is a tall emotional order, even for the most pragmatic person.

But estate planning can also bring moments of connection, reflection, and gratitude. It can stir up difficult emotions—and resolve them as well. The difference ultimately lies in your perception.

Estate planning is more than paperwork. It is an act of courage. A simple reframe may be all you need to take that next step and meet with an attorney to help you address your feelings and channel emotions into action. If you are ready to take charge of your legacy, call us.

1 Victoria Lurie, 2025 Wills and Estate Planning Study, Caring (Sept. 17, 2025), https://www.caring.com/resources/wills-survey.

2 Two-Thirds Of Americans Have ‘Planned’ Their Funerals, But Majority Avoid Estate Planning Conversations, StudyFinds (Sept. 30, 2025), https://studyfinds.org/americans-planned-funerals-avoid-estate-conversations.

3 Id.

4 Id.

5 Id.

6 Id.

7  Cognitive Reappraisal, PsychologyToday, https://www.psychologytoday.com/us/basics/cognitive-reappraisal (last visited Nov. 20, 2025).

 

Creative Uses for a Loved One’s Stuff

Creative Uses for a Loved One’s Stuff

The average American owns a great deal of stuff: toys, clothing, furniture, shoes, jewelry, dish ware, tools, knickknacks, gadgets, books, papers. Trinkets from trips we may not remember. Outdoor gear that never saw the light of day. And of course, the junk drawer full of batteries, keys, rubber bands, promotional pens, and outdated charger cables.

These items fill our rooms, closets, garages, and basements. Our stuff may even spill over into a storage facility or two. We try to give away or sell some of it, only to accumulate more. Before long, our home becomes some version of the standing junk drawer.

Minimalism and practices such as “Swedish death cleaning” have entered American culture as a quiet rebellion against consumerism. Such movements challenge us to ask ourselves what really matters and confront an uncomfortable truth: Someone will eventually have to deal with all the stuff we leave behind.

Before you order a dumpster or load the car for another trip to the local donation center, pause for a moment. Among the piles of old dishes, worn sweaters, and forgotten souvenirs you may uncover when a loved one passes away, there may be a few pieces worth rescuing—not for their value, but for their story. Consider setting aside one or two items and turning them into something that will last. A creative keepsake can transform the weight of “stuff” into a tangible reminder of love, history, or a life well lived.

Upcycling the Unclaimed: Arts and Crafts to Ease Pain and Sorrow

It is not uncommon for siblings to fight over Mom’s wedding dress or Dad’s baseball card collection. Someone may claim that a certain painting or handmade quilt was promised to a grandchild, though no one can quite agree which grandchild. Often, items like these do not appear in a will or trust, leaving their distribution in a state of limbo. Without clear instructions, families are left to sort it out themselves, which can turn what should be a tender remembrance into an unexpected source of tension.

Most of these disagreements do not escalate to court involvement the way that larger financial inheritance battles sometimes do. There are plenty of creative ways to fairly divide personal property, such as drawing straws or numbers, holding a family auction, or taking turns choosing an item. And if an item turns out to be worth a great deal of money and no one can agree on who should receive it, the simplest solution may be to sell it and divide the proceeds.

But what happens to those things that were stuffed in a drawer, on the back of a shelf, or in a box alongside other random belongings? Here are a few creative ideas for turning unwanted stuff into a tribute to someone’s life.

Blanket or Quilt from Old Clothes

A “memory quilt” made from patches of shirts, dresses, or ties tells a story—a favorite color, a holiday tradition, a job, a personality—all stitched into something new. Families can make one large quilt or smaller throws so that each child or grandchild has a piece to remember their loved ones by. If your stitching skills are limited, local seamstresses and online artisans can do the work and add embroidered names or dates.

Teddy Bear or Pillow Keepsake

For younger family members, a teddy bear or pillow sewn from a parent’s or grandparent’s clothing can be deeply comforting. Flannel shirts, military uniforms, or soft sweaters work beautifully for these “memory bears.” They are also a way to introduce a loved one’s story to children who may not have known them well, turning ordinary objects into a bridge between generations.

Reupholstered Furniture

An heirloom chair or bench can feel new again when reupholstered with fabric from the deceased loved ones’ clothing, curtains, or linens. Reupholstering can keep a piece of family history in use even after it has been sitting untouched for years. Reupholstery shops can usually subtly incorporate sentimental materials, preserving the original look while incorporating personal significance.

Wedding Dress with a Second Life

A wedding gown can take on new meaning after its moment in the spotlight, whether it is donated to a charity or transformed into a christening outfit, a clutch purse, or home decor. For a dress that carries strong sentimental value, even a small piece of lace or fabric can be preserved and woven into another keepsake, giving everyone who wants to remember the loved one a chance to share in the memory instead of competing for one treasured item.

Diamond from Cremation Ashes

Although not for everyone, some families choose to have a small portion of cremation ashes (cremains) or hair from a deceased loved one transformed into a laboratory-grown diamond. The months-long process produces a gemstone that can be set into jewelry or displayed. It is one of the more modern, high-tech ways to turn cremains into a lasting memento and reflects a growing trend toward personalized memorials.

More Dramatic Farewell Gestures and Other Memorial Ideas

When journalist Hunter S. Thompson died, his final request was to be blasted into the sky.1 Thompson’s ashes were loaded into fireworks shells and fired from a cannon on a tall monument on his Colorado property during a memorial attended by about 250 guests, an event largely funded by actor Johnny Depp.2 Depp said at the time that he was trying to make his friend’s “last wish [come] true.”3

After Lemmy Kilmister of rock band Motörhead passed, Metallica’s James Hetfield used a pinch of Lemmy’s ashes mixed into black tattoo ink to get a tattoo as a salute to his musical inspiration and longtime friend.4 Renato Bialetti, known for popularizing the Moka pot espresso maker that his father invented, had his ashes placed in a replica of the iconic coffeemaker for his burial service.5

It is not only celebrities whose deaths are memorialized in unique and public ways. Park benches, for example, often display plaques honoring someone who frequently walked those paths. Memorial trees, gardens, and “adopt-a” programs for trails, parks, zoos, or playgrounds are also popular ways to honor a life in a place the deceased person loved.

Here are a few more creative uses for a loved one’s stuff:

  • Turn keys, watches, or jewelry into wind chimes. The soft clinking can be a soothing reminder of a loved one’s presence and shared memories, especially for someone who loved spending time outdoors.
  • Create a “memory mosaic.” Use broken china, old buttons, or other small keepsakes to make a framed art piece, tabletop, or stepping stone.
  • Make a custom shadowbox. Store photos, letters, or small mementos inside a hollowed-out book or framed box in a way that tells your loved one’s story.
  • Transform recipe cards into kitchen art. Scan or photograph handwritten recipes and have them printed on canvas, cutting boards, or tea towels.
  • Preserve handwriting or signatures. Turn a loved one’s notes or signatures into engraved jewelry, wall art, or a tattoo stencil.
  • Use old vinyl records or CDs as decor. Melt or reshape them into bowls, clocks, or ornaments that carry a bit of that person’s soundtrack.
  • Make candles in their favorite mugs or teacups. This is a simple way to reuse everyday items while creating something new that evokes warmth and scent memories.
  • Donate instruments, tools, or books in their name. Add an inscription or label inside donated items, such as “In memory of [Name], who believed in sharing what they loved.”

Avoiding the “Stuff” Cascade with an Estate Plan

Most estate plans focus on assets such as real estate, bank or retirement accounts, and investments. Yet it is often the smaller, more personal things—a handwritten note, a favorite flannel, a recipe box, Grandma’s homemade quilt, an antique brooch—that carry the deepest meaning to those left behind.

When personal property is not listed in a will or trust, it is legally considered part of the residue of the estate, that is, everything that is left after final debts, taxes, and expenses have been paid. Understanding the legal implications of what happens to these belongings is important.

Personal property not accounted for in a will or trust can lead to confusion, disputes, or lost value. Loved ones might disagree over what is junk and what has sentimental value. Gifts that were only verbally promised or discussed are not legally enforceable. Several estate planning tools can be used to keep the distribution of personal property organized, intentional, and enforceable.

  • Asset inventory. Create a detailed list of what you own, including household items, collectibles, and sentimental pieces, so that your executor knows what exists and where to find it. Be sure to review it often and keep it updated because the stuff we own changes over time.
  • Beneficiary Transfer Instrument. If your state law permits it, you can use a beneficiary transfer instrument to direct your untitled personal property to specific beneficiaries. This instrument is effective at death.
  • Assignment of personal property. Since most personal belongings are untitled, an assignment of personal property is used to transfer all untitled items, such as household goods, furniture, jewelry, and collectibles, into your revocable living trust during your lifetime. This helps ensure that the trust is properly funded, keeps these items out of probate, and allows them to be distributed under the trust’s terms instead of relying solely on a pour-over will.
  • Personal property memorandum. This document, referenced by your will or trust (depending on what state law allows), lets you specify who should receive certain items, including forgotten or newly acquired property, without needing a full will update.
  • Residuary clause. This catchall clause should be added to your will or trust to ensure that any property not specifically named elsewhere in the document is still distributed according to your wishes.
  • Instructions for disposition. You can include guidance about donating, selling, or recycling unclaimed or unwanted items, helping your loved ones handle the practical side without guilt. Such directions can be made legally binding if included in your will or trust, or you can share them in a separate letter that simply expresses your wishes while allowing your loved ones to decide what feels right. Either way, clearly communicating your preferences can bring them a great deal of relief when the time comes.
  • Digital inventory. Increasingly, our possessions may include digital collections such as photos, playlists, social media accounts, and nonfungible tokens (NFTs). Ensure that someone knows what they are and how to access and manage yours.

We all have different ideas about how to best live our lives. These ideas extend to our death and, by extension, our estate plan.

You or a loved one may not have final wishes as flashy as Hunter S. Thompson’s or Renato Bialetti’s. Your idea of what is important might be found in quieter, more subtle, and more personal ways, and in the smallest of items.

Whether it is in the quilt stitched from a father’s work shirts, the jewelry reborn from a grandmother’s brooch, or the bookshelf made from a repurposed old dining table, planning ahead, even for the small stuff, ensures that special memories do not get lost in the cleanup.

1 Dan Elliott, Hunter Thompson’s Last Wish, CBS News (Apr. 5, 2005), https://www.cbsnews.com/news/hunter-thompsons-last-wish.

2 Hunter S. Thompson’s Remains Shot from Cannon, Associated Press (Aug. 20, 2005), https://www.espn.com/espn/news/story?id=2139349.

3 Id.

4 Kirsty Hatcher, James Hetfield Has Tattoo Made with Ashes of Motörhead’s Lemmy Kilmister: “Salute to My Friend,” People (Apr. 18, 2024), https://people.com/james-hetfield-shares-new-tattoo-made-ashes-of-motorhead-lemmy-kilmister-8635276.

5 Olivia B. Waxman, Coffee Legend’s Ashes Kept in Replica of Espresso Maker, Time (Feb. 19, 2016), https://time.com/4230439/coffee-legends-ashes-kept-in-replica-of-espresso-maker.

How to Get Organized to Meet with Your Estate Planning Attorney

How to Get Organized to Meet with Your Estate Planning Attorney

You have decided to meet with an estate planning attorney to get your affairs in order and ensure that your loved ones are protected. Now that you have scheduled the appointment, it is time to get yourself organized and prepare for the first meeting.

Before You Meet with Your Attorney

Taking the time to sort through your important paperwork and organize your thoughts surrounding your goals or plans for the future will go a long way toward making the meeting productive and valuable. Skipping this step may turn the conversation into a scavenger hunt for the attorney and leave you feeling overwhelmed and confused due to the amount of information your attorney will need to know to accomplish your planning objectives.

Here are eight practical ways to prepare yourself for your first meeting:

  1. Gather basic personal information. Put together a list of full legal names, birthdates, and contact information for yourself, your spouse or life companion, your children, and other important family members or friends. Having this information on hand can help your attorney understand family relationships and potential heirs and beneficiaries from the start. Also be sure to bring a valid form of photo identification.

  2. Make a complete list of your assets (money and property) and liabilities (debts).
  • List what you own, such as bank and investment accounts, real estate, retirement accounts and pensions, life insurance, vehicles, business interests, and even digital assets. Also include the approximate values for each item to give your attorney a clear picture of your estate’s size and composition.
  • Jot down how each of these assets is owned. For example, note whether it is titled in your name alone or jointly with others, such as a spouse, business partners, or another family member.
  • Indicate whether you have already designated a beneficiary for any of your accounts or policies and, if so, whom you designated.
  • Make a list of any debts you owe, such as mortgages, home equity loans, credit cards, medical bills, auto loans, student loans, or personal loans.
  • Note the approximate balance for each debt and who the lender or creditor is.
  • If any debts are jointly held with a spouse, partner, or someone else, jot that down as well so your attorney knows who is legally responsible for repayment.
  1. Think about whom you want to leave an inheritance to, when you would like them to receive it, and how you want them to receive it.

    Think about whom you want to inherit from you and in what proportions. It is also helpful to choose backup (contingent) beneficiaries in case any of your first-choice beneficiaries pass away before you or are otherwise unable to inherit. Also think about whether there is anyone you specifically wish to exclude from inheriting your property.


    Keep in mind that there are many ways to leave inheritances to beneficiaries. You can give an inheritance to them all at once outright, or you can distribute smaller portions over time at specific ages or after they reach certain milestones (such as completing college, starting a business, or getting married). You can also choose to keep the inheritance in trust for the beneficiary for an undetermined period of time, with the trustee choosing when and how to make distributions. This approach provides the strongest long-term protection and support for the beneficiary.

    Your attorney will walk you through different ways to structure these distributions, but taking time to consider each beneficiary’s current needs—and what they may need in the future—will help ensure that the terms are thoughtful and tailored to your loved ones’ unique circumstances.

  1. Reflect on your end-of-life wishes. Think carefully about your preferences for medical care if you were to become seriously ill or incapacitated (unable to manage your affairs). Thinking through the following sensitive but important questions in advance will help your attorney properly prepare the right documents for you, such as an advance healthcare directive and healthcare power of attorney, so your personal choices are clearly documented and honored.
  1. Think about whom you want to make decisions for you and handle your affairs if you become incapacitated or pass away. Choosing the right people to serve in these fiduciary roles is one of the most important decisions you need to make. You can select different people for different roles. The most common roles you will need to assign include the following:
  • Executor or personal representative (manages your estate after death if probate court is needed)
  • Guardian for your minor children
  • Agent under your financial power of attorney (handles your finances and legal matters if you are alive but incapacitated)
  • Agent under your healthcare power of attorney (makes medical decisions on your behalf if you are unable to communicate your wishes yourself)
  • Trustee or successor trustee (manages assets held in a trust if you become incapacitated and after your death)

Why are these decisions so important? If you choose the wrong person or someone who cannot or will not serve when needed, the estate plan you have so carefully put together will be much harder to carry out.

If you are like most people, you will want your attorney’s advice in selecting the right people or institutions to serve in these roles. Still, it is helpful if you think about which family members or friends might be good candidates—and which ones may not be.

  1. Gather relevant legal and financial documents. It is very helpful for your attorney if you can locate and bring the following key documents. Having them on hand makes the meeting more productive and helps your attorney create a plan that is truly tailored to you. Gather what you can, but do not feel overwhelmed if you cannot find everything.
  • Documents that show details about what you own, such as recent statements for your bank, investment, or retirement accounts; property deeds; business agreements; and life insurance policies
  • Recent statements or documents for any debts you have, such as mortgages, home equity loans, credit cards, auto loans, student loans, or personal loans
  • Existing estate plan documents, such as wills, trusts, or powers of attorney
  • Any marital agreements, such as a prenuptial or postnuptial agreement or divorce judgements, if you have any
  1. Consider any special circumstances that your attorney should know about. Every family is unique, and your estate plan should be tailored to reflect your specific needs and circumstances. You may be part of a blended family, have a child with special needs, own a business, own property in another state, or hope to leave a charitable legacy.
     
  2. Write down your questions. It can be easy to lose track of the questions you have once the meeting starts. Preparing a list of questions helps ensure that nothing slips through the cracks. You may want to ask about costs and timelines, the differences between a will and a trust, or why many people seek to avoid probate court. This is your meeting, and the attorney wants to ensure that you are comfortable with the choices you are making, so no question is off-limits.

Estate planning can be surprisingly emotional. You may face questions that touch on sensitive topics, including family dynamics, your preferences for end-of-life care, and whom you would want to raise your minor children if you cannot. You may also learn about planning options you never knew existed. Being open and honest with your attorney will enable the attorney to tailor a plan that best suits your circumstances and wishes. These eight points may seem like a great deal to consider and organize, but the peace of mind you gain from creating your comprehensive estate plan will make it well worth the effort.

Estate Plans Age Tool: How to Keep Yours Fresh and Effective

Estate Plans Age Tool: How to Keep Yours Fresh and Effective

Your estate plan is one of the most important sets of legal tools you will ever create. An estate plan is designed to protect you, your loved ones, and your money and property. It can minimize taxes and fees and ensure that your loved ones are taken care of. Depending on the estate planning tools you use, it can also keep your personal matters out of the court system and away from prying eyes. However, an estate plan is not a “set it and forget it” set of legal tools. While estate plans are designed to have some flexibility, they are created at a specific moment in time and need updating as your life changes. If your plan has not kept up with your life, it could perform differently than you originally intended.

If anything in the following eight categories has occurred in your life since you signed your estate planning documents, call us now to discuss how we can ensure that you and your family are still protected.

  1. Marriage, divorce, death. Have you married, divorced, or lost a loved one? Each of these major life events often requires a complete review of your estate plan to ensure that your money and property will go to the people you want, in the way you want. Your spouse has likely been assigned many roles in your estate plan, such as beneficiary, trustee, executor or personal representative, and agent under powers of attorney. A change in marital status or the loss of a spouse means that it is essential to review and update all these appointments so your plan reflects your current wishes and your new family structure.

  2. Change in financial status. A substantial change in your financial situation—whether positive or negative—generally requires an update to your estate plan. Financial shifts may happen when you retire, buy or sell a business, receive an inheritance, acquire or lose substantial assets, or win the lottery. Your plan should always reflect your current financial reality to ensure that your wealth is protected and distributed according to your wishes.

  3. Birth or adoption of a child or grandchild. The birth or adoption of a new child or grandchild is a joyous occasion—and an important time to update your estate plan. You may want to revise your plan to include continuing trusts in your revocable living trust, gifting trusts, 529 education plans, or Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) accounts. If you are a parent, it is also important to nominate the person you would want to be the legal guardian for your minor child(ren) if you become unable to care for them yourself. We can help you update your plan to include your new family members and explore options to secure their future.

  4. Change in circumstances. Relationships and life situations can shift. When those changes affect the people named in your estate plan, it may be time to review your beneficiaries and your chosen decision-makers, including your personal representative, trustee, or agents under your financial and medical powers of attorney. Consider reviewing your plan in the following situations:

    • Children or grandchildren reach adulthood and become eligible and capable enough to serve in trusted decision-maker role
    • A decision-maker moves away, passes away, becomes estranged, or is otherwise unable or unwilling to continue serving in their role
    • A beneficiary passes away or becomes estranged
    • A beneficiary or decision-maker develops issues such as overspending, substance abuse, or gambling problems
    • A beneficiary becomes disabled and requires special planning tools to maintain eligibility for means-tested government benefits
    • Guardians for minor children divorce, move to a new state, or are otherwise no longer suitable or willing to serve

  5. Changes in venue. Moving from one state to another or purchasing a second home in another state always warrants an estate plan review. State laws differ, and you want to ensure that you are taking full advantage of, and not being penalized by, your new state’s laws.

  6. Outdated powers of attorney. Your will takes effect only after you die, but your financial and medical powers of attorney are essential for protecting you while you are still alive. They allow you to name trusted individuals who can make financial and medical decisions for you if you become unable to manage your affairs. If you have been relying on the same documents for years, it is time to check them. An outdated document could mean that the person you now trust most to make crucial medical or financial decisions for you is not legally authorized to act. You could end up in a situation where the wrong person has legal authority to act for you or, worse, where a court must appoint a guardian or conservator. That process can be costly, stressful, and public.

  7. Unreviewed beneficiary designations. Many people are surprised to learn that retirement accounts, life insurance policies, and annuities are not automatically governed by your will or trust but will instead pass directly to the individuals named on your beneficiary designation forms. If you have experienced a major life event, such as marriage, divorce, or the death of a loved one, failing to update these designations could result in your money going to the wrong person. It is important to confirm that all beneficiary designation forms have been properly completed and filed. If a designation is missing or incomplete, a court may need to determine who receives the funds according to state law, which could lead to unintended results. Regularly reviewing and updating these designations helps ensure that your assets go exactly where you intend.

  8. Acquisition of digital assets. Your digital footprint may be as valuable as your other accounts and property. Your estate plan should include clear instructions for how to access, manage, and transfer your digital assets such as social media accounts (especially if they generate income), email accounts, digital photos, and cryptocurrency. Failing to plan for these assets can create confusion and potential loss. Instead of leaving your digital legacy to chance, make sure that your plan reflects your online world as well as your physical one.

Estate Plans Are Created to Help You, Not Hurt You

Estate plans can age. If you have experienced any of the changes mentioned above, now is the time to review your plan. We can help ensure that your estate plan is fresh and up to date and continues to protect you and your loved ones. Contact us today.

Wondering Whether You Need to Update Your Estate Plan? You Do. Here Is Why.

Wondering Whether You Need to Update Your Estate Plan? You Do. Here Is Why.

Since creating your estate plan, have you thought about updating it? If you are like most people, probably not. However, the carefully thought-out plan you created years ago may not meet your current goals or family circumstances. To put things in perspective, consider a family that may sound similar to yours.

Meet the Kendricks

(Although they are a hypothetical family, they represent real life.)

Bill and Karen Kendrick created a will-based estate plan 30 years ago when their daughter, Jessica, was born. They updated it four years later when their son, Steve, came along. Ten years ago, they created a solid trust-based plan and felt confident that their family, their finances, and their beloved dog, Sadie, were fully protected. But over time, they stopped updating the plan.

Here is what has changed in the Kendricks’ lives in the past 10 years:

  • Their children, Jessica and Steve, are now adults and have graduated from college. The Kendricks should review the inheritance they planned for their children. Since they no longer support Jessica and Steve’s day-to-day needs, they may want to reconsider when they want each child to receive their inheritance.
  • Jessica is married with two daughters, one of whom may have autism. Because one of their granddaughters may have special needs, the Kendricks should consider leaving any inheritance to her in a way that protects her eligibility for needs-based government benefits. An outright gift could unintentionally disqualify her from receiving that assistance in the future.
  • Steve is also married, and he and his wife are expecting their first child. With a new grandchild in the picture, the Kendricks should revisit when and how much they want each grandchild to receive from them.
  • Bill and Karen bought an out-of-state vacation home. The Kendricks should make sure that their vacation home aligns with their estate plan, whether that means transferring it to their trust or recording a transfer-on-death instrument, depending on state law. Taking the right steps now will allow them to enjoy the property while helping their loved ones avoid a separate probate later in the state where their vacation home is located.
  • Sadie had a litter of puppies but has since passed away. Bill and Karen kept two of the puppies. If the Kendricks included Sadie in their estate plan with a pet trust (for example, by specifying who was to take Sadie when both Bill and Karen pass away or providing a sum of money for her continued care), they should review their plan to see if it mentions Sadie by name or more generally covers any pets they might own at the time of their deaths. Depending on how those provisions were drafted, the Kendricks may need to update their plan to ensure that their new puppies are properly provided for in the future.

Given these changes in their lives, do you think the estate plan the Kendricks updated 10 years ago will still meet their needs and goals today?

Changes in Your Own Life

Like the Kendricks, you have undoubtedly experienced life changes over time. Just think about the past few years. Have you moved? Do you have more children or grandchildren? Have you started a business, suffered health problems, or purchased a new home? Do you have new accounts and investments? Do you now care for a parent, pets, or dependent children? Have you remarried, divorced, or retired? Has someone you loved died? Have friends or family members named in your plan as trusted helpers moved away, or has your relationship with them changed? Are your children adults now and able to serve in your plan as a trusted helper? Do you want to help with the costs of your grandchildren’s college education?

Much can change in 10 years; your personal life, finances, and goals probably look very different today. Your estate plan should reflect those changes. In addition, the laws governing estate planning continue to evolve. We stay on top of these developments so we can protect our clients in the most effective ways possible, which means that the strategies and tools we use today may be even better than those available when your plan was first created or last updated.

Is Your Estate Plan Out of Date?

If any of the changes the Kendricks experienced sound familiar, or if it has been more than three to five years since you last reviewed or updated your estate plan, it is time to ensure that your plan still reflects your goals and protects the people and things you care most about now.

We welcome you to call us today to schedule a review of your current estate plan. We desire for you to have peace of mind knowing your plan is up to date.

Unexpected Veterans Benefit

Unexpected Veterans Benefit

Linda and her daughter Nicole visited the office of an elder law attorney. Nicole was concerned because her mom recently entered an assisted living facility and did not have sufficient income to pay the monthly cost. Linda only had $90,000 in assets and her monthly shortfall to the assisted living facility was $1,100. Linda knew her assets would not last long and she wanted to make sure she had as many options as possible.

After a brief conversation with the attorney, he discovered that Linda’s husband was a veteran of the Vietnam War. Even though Linda’s husband died eight years ago, the attorney was excited to tell them that Linda may be eligible for a little known but important benefit from the Veterans Administration. Linda was confused as her husband was not retired military. The Veterans Administration told her that no benefit was available to her. The attorney explained that this benefit was for veterans or their surviving spouse to help pay medically related expenses. While Linda was not currently qualified for the benefit, the attorney told her that with some simple planning, she could be eligible in less than 30 days.

To qualify for this benefit, three criteria must be met.

  • First, the veteran (Linda’s husband) must have served a minimum of 90 days in active duty. Linda was confident this requirement had been met.
  • Second, at least one of the 90 days of active duty must have been served during wartime. Since Linda’s husband served in the Vietnam War, she was confident he had met that condition.
  • Third, Linda must be able to meet certain income and asset criteria. Linda became concerned because the attorney told her that she had too much money to qualify. He did assure her that with some simple planning, she would be eligible within 30 days. Linda was ecstatic. She began planning with the attorney immediately and he assisted her in applying for benefits the next month.

Linda now receives money each month from the Veterans Administration to help pay for her assisted living care. Linda was relieved to know that the benefit would continue even if she was able to return home. Both Linda and Nicole were thrilled that they were able to preserve Linda’s assets and provide her with many options for the long term.

An attorney or agent who is accredited with the Veterans Administration can assist with the application for benefits. Want more information? Check out our NO-COST seminars!

The Love Law Group, LLC

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