DO I NEED AN ESTATE PLAN?
"I Do Not Have 'an Estate' to Settle"
Many people and friends have approached me over the nearly 30 years that I have been doing estate planning law. They ask, “I don’t have an estate, do I have to worry about estate planning?”
My definitive answer is always the same. And it is always, “Yes!”
I want to dispel the myth that estate planning is about taking care of your stuff.
Estate planning is about taking care of yourself and your family, and yes, your stuff, if you die or are incapacitated and unable to make decisions for yourself. It is about saving your family time, trouble and money at a time when they will be most under stress.
You may feel like you don’t have an estate, but if you own any personal belongings, bank accounts, retirement accounts, or life insurance, you do need planning.
If you are a parent, you also need to plan for your children. You need to name a guardian and a reliable person to be in charge of managing money you leave for your children.
Oh, and let’s not forget about YOU. Who will make decisions if you become incapacitated? You’re more likely to be incapacitated in either the short-term or the long-term than you are to die early. If that happens, who will make your health and medical decisions? If you do not have a plan in place, your family will have to hire me to go to court to get someone appointed, and that person will have to report to the court for the rest of your life in an ongoing process called a Guardianship.
So the answer is yes, everyone over the age of 18 needs some estate planning.
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