For those of you who have done the work and put together a probate avoidance estate plan for your family, congratulations! These documents are drafted to stand the test of time and should not need to be adjusted when you have little changes in your family coming of age or updates to your assets. So, that begs the question, when should someone revisit their estate plan?
Here is a quick list of events and dates that should prompt a close look at your estate planning documents and a visit to your estate planning attorney’s office. Remember that many estate planning attorneys offer a quick review of your plan periodically without any hourly charges so when in doubt, call your attorney.
LIFE EVENTS:
- Decade – on your birthday, when you turn 40, 50, 60, 70, 80, 90+
- Divorce – All your prior documents will likely need to be revoked and you will likely want to remove your ex-spouse as the agent having authority over you if you become incapacitated.
- Diagnosis – if there are significant new or worsening health conditions, all of your documents should be reviewed while you are able. Decline in health – maybe you have a health condition that is fairly well managed but over time you aren’t able to be as independent as you once were.
- Death – the death of a significant person in your life may cause you to have a different or new value that you want reflected in your own advance care plan and AHCD, or you may need to designate a new agent.
- Asset Changes – any significant changes in your net worth or asset mix, such as a sale of a business, should prompt a review.
- Inheritance – either gifting to children significantly during lifetime or receiving assets from your parents during life or at death should cause a review of your plan.
- Legal Changes – when the estate tax exemption changes or other laws take effect that may impact your estate, it is time to review your trust and determine how it may impact you and your family directly.
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