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.
