4 Estate Planning Mistakes You Should Avoid Doing

Living trust and estate planning form on a desk.

Living trust and estate planning form on a desk.

Having an estate plan is one of the most significant things you can do for the people you love. Although it might be uncomfortable to plan or talk about your “end,” it’s better to do it than ignore everything until it becomes too late. Doing so can cause hardships, expense, and mess for the people you love and the assets you leave behind.

A thorough estate plan can help you feel assured about the future, knowing that your assets are preserved, supervised, and handed out properly and the legacy you left behind will be taken care of by your loved ones. Aside from that, mindful planning can help lessen taxes and probate fees.

However, there are common mistakes and misconceptions that can complicate your heirs. Here are 4 estate planning mistakes you should avoid doing:

  1. Not Having A Real Estate Plan At All

The biggest mistake you can make is not making an estate plan at all. Without a will, you will not be able to appoint who will receive a specific property after your death, and you will not be able to name particular guardians to your minor children. If you die without a will, you hand out the right to the state to decide the distribution of your property, too.

The state will determine how your assets will be handed out. Generally, they will leave a percentage of the deceased’s wealth to the family members, thus non-family members, such as unmarried partners, will not be able to receive any assets. If the children are minors, the court will handle their inheritance until they reach the legal age. In addition, the court will also be the one to choose a guardian for children under 18 years old.

Several married couples believe that all of their property will pass automatically to a surviving spouse, but the property owned by the deceased spouse will be divided among the children and the surviving spouse. That’s why a valid last will and testament can give you a say.

  1. Not Understanding How The Assets Will Be Handed Out

Many people just rely on the planner and sign documents without even knowing what the documents they signed are for. A part of the estate planner’s job is to ensure that they understand how the plan works, how it works for them and for the heir, and what they need to do to manage or implement the plan.

To avoid this problem, a better step is to take notes at each stage of the planning progress. Don’t forget to hire a professional lawyer to help you understand the legal angles, and they can also assist you while making your estate plan and perform legal tasks. These lawyers will help you on legal matters, such as managing trusts, probate process, taxes, and wills. They can also restrict people from contesting your will.

Real estate agent holding a key and asking costumer for contract to buy, get insurance or loan real estate or property.

To help you choose a professional lawyer, you can check out www.milehighestateplanning.com. With the help of their experienced attorneys, they will prevent probate, decrease your taxes, and keep your assets safe from lawsuits.

  1. Not Updating The Beneficiary Designations

To make your distribution consistent, updating the beneficiary designation is important. Estate plans require updating of major life events, such as if a family member died or if a new member is born. Aside from that, revision in your net worth, the composition of your estate, residence, job status, changes in your goals or in the law, and other factors means you need to modify your estate plan.

Failure to update the beneficiary designations means the assets might go to someone who you put on the form when you first opened the account years ago. It might go to an ex-spouse, to a deceased person, or other unexpected beneficiaries.

Ensure that every part of your estate plan is reviewed and revisit your beneficiary designation every year and after a major life change in your family for modifications.

  1. Not Planning for Long-Term Care

No estate plan is considered complete without planning for disability and long term care. Almost seventy percent of people, aging 65 years old, need long term care before the end of their lives. But, it seems like this is the largest unfunded retirement risk nowadays.

Even if you’re still able to work, planning for disability is still of utmost importance since it ensures you have the right amount of short- and long-term disability insurance. When you retire, the focus will be long term care planning – how you want to take it and how you want to finance it.

In addition, signing a health care directive, also known as a “living will,” will prevent your loved ones to feel the agony of having to figure out what you want if you are unable to speak as far as organ donation, surgery, cardiopulmonary resuscitation (CPR), and “either to pull the plug or not.”

Conclusion

Before you make an estate plan, always consider all of your assets and how you want it to be distributed. To maximize the value of the assets you will leave for your descendants and minimize complications, come up with an estate plan that is specific, coherent, and updated.