Avoid These 5 Estate Planning Mistakes

Establishing an estate is an important part of handling your affairs. You'll need to do more than have an estate planning attorney help you create a will, though. Here are five mistakes that people often make and how to avoid them.

Not Using the Entire Toolbox

For some people, putting a will in place can more than do the job. Others may need to deploy different tools, especially making use of trusts. You should also think about the different types of trusts, particularly whether you might want to establish one that's revocable.

Focusing Only on What Happens if You Pass

Worrying about what becomes of one's legacy upon death is a common and compelling reason to engage an estate planning lawyer. However, it's worth thinking about other scenarios. It's especially important to outline what your wishes are if you become medically incapacitated, including addressing who will get to make decisions. Similarly, you may want to have provisions in place if you disappear.

Lack of Contingencies

Naming an executor is one thing, but there should also be at least one successor in your will. Likewise, you should confirm that these individuals are capable of serving in this role. You don't want to have a probate court appointing an administrator because no one is eligible to execute your will.

Directly Naming Certain Beneficiaries

If a beneficiary is a minor, it can be problematic to name them directly in a will. This opens up a can of worms regarding who has authority over the proceeds of the estate. In many cases, it may be better to set up a trust on behalf of a minor beneficiary who stands to inherit a significant sum of assets or money.

Similar issues can appear with adults with mental or emotional health issues. Fortunately, you can create a special needs trust to handle this sort of situation.

Failing to Update Information About Beneficiaries

An executor needs to be able to track down the beneficiaries of an estate. The simplest way to accomplish this is to maintain contact information for them and alternates who also can be contacted. It's also prudent to have your estate planning attorney do an update of this information once a year.

You'll also want to keep up with big life events for beneficiaries, such as marriages and divorces. If one of your children has a kid, you may want to add the grandchild to your will, too.


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