Key Takeaways
“Not a millionaire, therefore I don’t need an estate plan.” Think again. Not planning out your estate can cause conflict, confusion, and costly expenses. Your loved ones might pay the price. Estate planning lets you control things like who gets your assets and who makes healthcare decisions if you’re incapacitated. It’s not only for the rich, but for everyone no matter your income or stage in life.
In this guide, we will go over what estate planning really is, why it matters, and how to start simply and affordably.
Estate planning refers to deciding what happens to your assets, care, wills, and trusts if you pass away or become incapacitated. It’s not only about distributing assets. Estate planning involves a lot of decision-making regarding your dependents, legacy, and dignity.
Let’s discuss the main goals of estate planning.
What will happen to your loved ones after you die? That is a major question when it comes to estate planning. Making clear how assets are distributed and who is designated as an heir is crucial.
If you buy a life insurance policy, it also ensures that your loved ones would be able to handle any financial burdens if you are the main income earner. They would be able to pay the mortgage to keep the house, afford essentials, and manage the funeral. Life insurance can lock on a lower premium if you buy it when you’re younger.
Unclear estate plans can lead to significant conflict after your death. Everyone has heard of horror stories where wills get disputed. Planning your estate can resolve conflicts before they happen.
Are you struggling with how to approach your family about estate planning? You can read our guide on How to Talk to Family about Estate Plan. Talking with your loved ones about your plans can give clarity and comfort to everyone.
Health-wise, you need to make your wishes clear. Who will receive Medical Power of Attorney? They would be responsible for your healthcare decisions if you become incapacitated.
Financially, you also need to clarify your wishes. Who gets your assets? How much goes to each beneficiary?
Without a proper will or trust, it can take months or even years before your assets will be properly distributed. This can hurt your loved ones and dependents.
Even if you don’t have much money, you likely still have dependents. A partner, children, elderly parents, or other loved ones. They would want to know what your last wishes are. However, without a formal will or legal documents, they might not be able to legally carry out your last wishes. Asset distribution also becomes challenging if you didn’t do any estate planning. You need to name your beneficiaries and heirs so that your personal belongings will go where you intend.
If you have any minor children, estate planning also ensures they get the proper care. You can name a guardian for your children in your will so that the court doesn’t end up choosing where your children go (e.g. a foster home).
Creating a trust can help you stay eligible for benefits like Supplemental Security Income (SSI) and Medicaid. This is crucial if your family is struggling with finances. If your dependents who are inheriting your assets are vulnerable, a proper estate plan can help protect them.
Not everyone wants to speak with their family in detail about what they would like in regards to serious medical choices. For example, are you interested in a DNR (do not resuscitate order)? Are there surgeries or medical measures that you want to avoid? What are your healthcare opinions?
Without a proper medical directive in your estate plan, it becomes murky who will make decisions for you in case you are incapacitated by an accident or medical emergency.
Estate planning lets you With a healthcare directive and power of attorney, someone you trust can make decisions if you can’t.
Even if you have a small or modest estate, the probate process can still take months and cost thousands of dollars, resulting in extra stress for your loved ones. Your family might be forced to go through this lengthy probate court process if you don’t have a proper will. Estate planning streamlines the process so that it is much faster, and tools like living trusts help you bypass the probate court hurdles.
In today’s world, assets are no longer merely physical property. Don’t forget about any digital assets you might have, such as:
Every service has its own way of handling the accounts and information of those who pass away. If you don’t give usernames, passwords, or other account permissions, your loved ones might not be able to recover your accounts after your death. This might mean losing meaningful photos and valuable digital assets.
Other everyday, valuable assets also benefit from having a solid plan for access and transfers, such as vehicles.
Clear documentation prevents disputes over who gets what or who should make decisions. Families with multiple close relatives, children, or ex-spouses may argue with each other over who knows you best and who should get what assets. It can become a lengthy, emotionally draining court battle if you don’t have a clear estate plan and will instructions.
In your estate plan, you can name legal guardians for your minor children and ensure they’re financially protected.
Parents are also able to ensure their special needs children or children with disabilities can receive the proper financial support.
If you have a blended family, a lack of a proper estate plan could lead to unintentional disinheritance of your stepchildren or new spouse.
Even young adults should consider an estate plan because accidents and emergencies can happen. You at least need a healthcare proxy so that your relatives or partners can make important medical decisions for you.
Do you own real estate? Homeowners need to plan out their estate, otherwise their heirs could be frustrated by tax burdens and other legal issues.
A will or trust allows your property to be smoothly passed on to your chosen heir.
If you’re retired or about to, it’s a good time to consider tax implications. If your legacy is complex or you have a large estate, your heirs might encounter additional tax burdens.
Simplifying your legacy or altering your life insurance policies can be a good way to reduce the tax burden on your heirs and beneficiaries.
Confused? Estate planning can be complicated. Let’s run through simplified definitions of the core components of an estate plan so you can get started.
Your will outlines who inherits your assets and who cares for minor children. It can also provide other instructions for who will be responsible for what, such as who will manage your estate.
Someone given power of attorney is appointed to manage finances if you can’t.
Your healthcare directive (AKA living will) states your medical care preferences, such as what to do if you fall into a coma.
Beneficiaries are the recipients who will receive your life insurance payout, 401(k), IRA funds, or other benefits.
Trusts are similar to wills. They give you more control over how assets are distributed. Unlike wills, trusts do not need to go through probate. Different types of trusts exist.
Perhaps estate planning was once mainly for the rich, because it was so inaccessible. The Internet has brought us many online platforms and tools that make estate planning easier and faster. Here are some of the best tools for estate planning.
Affordable and user-friendly online tools can help you create legally valid documents.
LegalZoom: Has a step-by-step will and trust creation with attorney support available.
Ethos: Easy, affordable life insurance to ensure your loved ones are financially protected.
Tip: Start with digital tools for the basics, then consult an estate attorney for complex situations.
We understand it can be tough to start your estate plan. There are so many other things to do, and estate planning seems either too far into the future or too challenging to think about.
However, not having an estate plan can be a nightmare scenario. Without a plan:
You need a plan. With a plan:
The first step to making an estate plan should be listing out everyone you own and everything you owe. This includes vehicles, jewelry, digital assets, and anything else of value to you.
Note that most debts are actually not inherited. They’re typically settled by your estate or forgiven. However, your loved ones may be pressured into accepting the responsibility of debt. Make sure they know what debts they are not supposed to accept.
You need to carefully consider who you trust to make big life or estate decisions. Note that those you love and hold dearest to your heart may actually not be the best at making financial or estate decisions.
Everyone should create a will with the basic financial, legal, and health directives. LegalZoom makes this process much easier.
If you can afford it and have dependents, life insurance can be useful regardless of your age. It means if you pass away unexpectedly, your loved ones will receive a large death benefit. It is highly recommended for sole income earners.
Once you have written your will and planned out your estate, make sure the documents are stored safely (physically and digitally). Every few years, you should review them and make updates as necessary. If there are any major life changes (e.g. divorce or death in the family), change your estate plan as needed.
Estate planning isn’t just about passing down buckets of wealth to your heirs. It’s about caring enough to make life easier for your loved ones and yourself. If the process is overwhelming, you can start small. Just a simple online will through LegalZoom or a short term life insurance policy can make a big difference.