If you’ve been thinking about estate planning but haven’t taken action yet, here’s something you need to know: you already have a plan in place.
The question is, did you create it? Or are you letting state law and the courts provide you with the “default”?
Most people don’t understand the “default” rules. If you become incapacitated without the right documents in place, a judge must appoint someone to make medical and financial decisions for you. Family members with equal “priority” may fight over who makes those decisions.
If you die without a will or trust in place, state “intestacy” laws dictate what happens to everything you own, and a judge appoints someone to administer your estate. Again, family members with equal “priority” to administer your estate may fight over that appointment, just at a time when death, grief, and money can easily cloud anyone’s judgment.
State law “default” planning is nearly never what any client chooses once they are informed.
Why burden your children with avoidable court proceedings during life or at death? Why leave critical choices to be made during the most distressing time in your loved ones’ lives?
Preserve what you worked so hard for, and make sure your wishes are documented properly, in a manner the law recognizes.
Because if you don’t make these decisions now, someone else will make them later, and they almost certainly won’t all be the decisions you would have made.