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Is Your Estate Plan Due For A Checkup?

Is Your Estate Plan Due for a Check-up?

Linda Sommers Green

Attorney & Counselor at Law

(303) 984-9900

If you own a car, then you know it requires regular servicing in order to perform well and be reliable.  More than likely, your car came with a recommended schedule for service, based on how many miles it has been driven; after a certain number of miles, you need to change the oil, replace the brake pads, rotate the tires, and so on.

STRATEGY:  Like your car, your estate plan needs regular “servicing.”  Set aside a specific time every year (your birthday, anniversary, family gathering) to review it.  Become familiar with it.  Keep it current so it will perform the way you want when you need it.

Like your car – as with a regular medical physical – your estate plan needs a service check-up if it is going to perform the way you want when you need it.  Your estate plan is a snapshot of you, your family, your assets, your goals, your philosophies, and the laws in effect at the time it was created.  All of these things change over time, and so should your plan.  It is unreasonable to expect the simple will written when you were a newlywed to be effective now that you have a growing family, or now that you are divorced, or now that you have retired and have an ever-increasing number of grandchildren!  Over the course of your lifetime, your estate plan will need regular check-ups, maintenance, tweaking, maybe even replacing.

I tell my clients that there are three reasons why you may need to revise or update your estate plan:  You  change, the laws change, or your lawyer has learned a better way .  So, how do you know when it’s time to give your estate plan a check-up?  Well, instead of having mileage checkpoints, your estate plan has event checkpoints.  Generally, any change in your personal, family, financial or health situation, or a change in the law (HIPAA is a good example, or the recent tax law revisions), could prompt a change in your estate plan.  Use the following list to guide you.

It’s a good idea to review your estate plan every year.  Set aside a specific time every year (your birthday, anniversary, family gathering) to review it.  Rather than review the actual documents, your estate plan should have a summary and flowcharts to make a quick review easier.  Keep these events in mind each time you review your plan.  If you think a change might be in order, don’t write on the actual documents, but make comments on sticky notes and then contact your estate planning attorney.  Most changes can be handled by a simple amendment to a trust or a codicil to a will.  More complex changes might require restating your trust or drafting a new will.  Either way, you will have peace of mind that your plan is up-to-date, will work the way it was intended and will not let your family down when it is needed most.

Event Checkpoints for Your Estate Plan

You and Your Spouse                                                   

-          You marry, divorce or separate                         -    Parent/relative becomes dependent on you

-          Your or your spouse’s health declines              -    Minor becomes adult

-          Your spouse dies                                               -    Attitude toward you changes

-          Value of assets changes dramatically               -    Health declines

-          Change in business interests                             -    Family member dies or becomes disabled

-          You buy real estate in another state            Other

Your Family                                                                   -   Federal or state laws change

-          Birth or adoption                                                -   You plan to move to a different state

-          Marriage or Divorce                                           -    Your successor trustee, guardian, agent or  

-         Finances change                                                         administrator moves, becomes ill or changes mind.

                                                                                          -    You change your mind

 

 

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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