Is it Time to Review/Update Your Estate Plan?

How often should you review your estate plan? If you are not impacted by the estate tax, I recommend that you reconsider your plan every five years. If estate taxes are a concern, conduct an annual review.

You should also examine your estate plan whenever you have a major life event. While there are too many changes to possibly predict them all, I’ve outlined the most common considerations below.

Death: If a beneficiary, trustee, executor, agent, or guardian dies, you should generally remove that person’s name and ensure that your alternate plan conforms with your wishes.

Disability: Same considerations as death.

Decline: Although not as serious as disability, your own declining mental or physical health, as well as that of others, should be monitored.

Disaffection: You should revise your estate plan if you no longer wish to benefit a named beneficiary.

Distrust: If you lose confidence in your selected trustee, executor, agent, or guardian, it’s time to modify those nominations.

Distance: Consider replacing a trustee, executor, or power of attorney holder who is living too far away to provide meaningful assistance on a timely basis.

Domestication: If you plan to get married or register as domestic partners, or if you’ve already taken this leap, you and your spouse or partner will be subject to California’s community property system. The results could be surprising. Consider an agreement in contemplation of marriage.

Divorce or Dissolution Pending: Do you want your estranged spouse or partner to make medical decisions for you or inherit your assets if you die before your marital status is officially terminated?

Divorce or Dissolution Finalized: You may want to end all benefits and appointments in favor of your former spouse or partner. While there are statutes that attempt to do this for you, they are not self-executing. Don’t leave this to chance or the courts.

Descendants: Births and adoptions may already be factored into your estate plan. Still, it’s best to confirm that your intended beneficiaries are included. Particularly if you have a blended family, traditional definitions require modification to protect step(grand)children.

Drugs, Alcohol, and Spendthrifts: Special planning is required for loved ones who suffer from addiction or lack financial restraint. Ongoing trusts can be used to preserve inheritances for these beneficiaries.

Death Taxes: A large federal estate tax exemption shields most estates from transfer taxes, and California does not impose a state-level estate tax. Still, these laws are subject to change, and special consideration is required if you own real estate in another state. You should also consider whether an increase in your estate warrants a second look at the estate tax.

Disaster: A fire, flood, tornado, hurricane, or other national disaster could destroy an asset of particular value and cause an imbalance in benefits among beneficiaries.

Depression: The collapse of the stock market, for example, could result in a disproportionate value of your estate passing to a beneficiary who was intended to receive a modest gift, with little left for the primary object(s) of your affection.

Domicile: If you move out of state, have a local attorney review your estate plan. While estate plan documents are generally recognized in any state, they are governed by state law, and every state law is different.

Disposition: Have you made provisions for burial or cremation? Be sure to leave instructions if you have specific wishes.

Digital Data: Online banking, automatic bill paying, websites, email, social networks, and hard drives are current examples of the digital world in which most, if not all, of us find ourselves. Most are password-protected, and some are encrypted. Arrange for access by a family member or trusted friend.

Don’t Do It Yourself: I can’t tell you how often I hear “my estate is simple.” A 30-minute conversation is sure to reveal at least one, if not several, nuances. I’ve seen do-it-yourself plans that disinherit intended beneficiaries, neglect to establish trusts or custodianships for minor children, overlook the trust funding process, and unnecessarily increase taxes and administrative expenses. Don’t leave these important issues to be discovered when it’s too late.