
Five Reasons to Update your Estate Plan
It is a good idea to review your estate plan every year. Set aside a specific time every year such as your birthday, anniversary or family gathering to review it. Generally, there is some event that effects your planning that occurs every three to five years (if not more frequently) that passes without you even realizing that it affects your estate plan. Here are the five main events that affect a plan:
1. You marry, divorce or separate. These events generally affect your intent as to asset disposition (who will inherit your estate) and the decision makers you have appointed. This is particularly true when a second marriage exists with children from the prior marriages.2. A family member’s health declines or die. This type of event is of particular importance if the family member is appointed as a fiduciary in your documents (such as an agent under a Durable Power of Attorney or Executor of a Will, Trustee of a Trust). Additionally, a family member who is disabled or becomes disabled may be disqualified from governmental assistance if they inherit from you. There are ways of leaving assets to disabled family members without disqualifying them from this type of assistance.
3. Your assets change dramatically. If you buy real property in another state, this may affect your estate planning. If your assets increase significantly in size or value, additionally planning may be beneficial (such as Revocable Trusts or Insurance Trusts). If you have a Revocable Trust, as you acquire additional assets, title may need to be in the name of the trust rather than your individual name.
4. Minors become adult. You may have created a trust or will when children were minors and left assets in trust for them or to another for their benefit as custodian. This should be revisited and revised as necessary.
5. You move or plan to move to a different state. Estate planning is driven in large part by the laws of the state in which you are a resident or where real property is located. Some states are community property states (such as Texas and California) which have significantly different estate planning laws. Further, each state has different requirements as to executing (signing) estate planning documents that if not properly followed could invalidate your document.
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