3 Things An Attorney Doesn't Want To See In An Estate Plan

Estate planning can be a challenging task even if your financial situation seems fairly simple. Whether you have an existing plan or are preparing to make one, you will want to avoid problematic elements. An estate planning attorney will discourage the following three things.

Generalization

Taken as an entire profession, lawyers dislike generalization. The best law is grounded in specificity, and that's especially the case in estate planning. You can't be too specific in describing anything in an estate. If you have serial numbers to identify pieces of physical property, for example, include those in supporting documentation for the estate plan. The same goes for addresses, VINs, and financial accounts. Absent such clear identifiers, use detailed descriptions.

Likewise, be specific about who gets what. Name names so the administrator of the estate can easily identify and locate beneficiaries. This level of specificity will also reduce the risk of litigation once the estate process begins.

Focus Solely on a Grantor's Passing

People often tune into the pop-culture image of estates. That means they tend to focus on the idea of an estate as a tool for passing assets and money to beneficiaries after the grantor dies.

An estate, however, should deal with other less likely scenarios. For example, your estate should express how you want your family to deal with life-sustaining medical care in case of your incapacitation. People who have voting interests in businesses and organizations should also identify who can act in their stead during this sort of period.

Also, as outlandish as it may sound, you should consider the disposition of the estate if you go missing. Who would handle things as a conservator in your absence, and what would their rights and duties be?

Similarly, the estate should define the conditions under which you can resume control of your financial life after a period of incapacitation or disappearance. Otherwise, there is a risk of creating a permanent conservatorship.

Unpaid Taxes and Debts

An estate can move forward until the probate court settles creditors' and tax agencies' outstanding claims. Even if someone expects to pass relatively debt-free, there may be a few unpaid bills and taxes from the last year. The estate administrator needs the funding and power to settle those obligations. Otherwise, there is a risk a creditor or the government could force the estate into probate, litigation, or even bankruptcy to settle the debts. Fund these obligations to ensure your beneficiaries won't end up shortchanged.

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