Estate Planning: Why It’s More Than Just a Will
Shawn A. DeVries, J.D., M.B.A.
Client Focused Attorney ★ Energetic Management Consultant ★ Visionary Entrepreneur & Leader
Many people think of estate planning as something that only wealthy individuals need to worry about. However, estate planning is essential for anyone, regardless of the size of their estate. It’s not just about creating a will—it’s about making sure your assets are protected, your healthcare decisions are honored, and your family is taken care of after you’re gone.
1. What Is Estate Planning?
Estate planning involves creating legal documents to manage your assets, healthcare, and personal decisions in the event that you become incapacitated or pass away. It includes tools such as wills, trusts, healthcare directives, and powers of attorney. A comprehensive estate plan ensures that your wishes are carried out and helps minimize confusion or conflict among family members.
2. Why a Will Isn’t Enough
While a will is an important part of estate planning, it’s not the only document you need. A will alone may not avoid the lengthy and expensive probate process, and it doesn’t address what will happen if you become incapacitated. To create a comprehensive estate plan, consider incorporating a trust, powers of attorney, and a healthcare directive.
3. Avoiding Probate
Probate is the legal process by which a court oversees the distribution of your assets after you pass away. Probate can be expensive and time-consuming, often causing delays in distributing assets to your beneficiaries. One way to avoid probate is by establishing a revocable living trust, which allows your assets to pass directly to your beneficiaries without court involvement.
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4. Powers of Attorney and Healthcare Directives
In addition to distributing assets, estate planning involves planning for your health and financial decisions if you are incapacitated. A durable power of attorney allows someone to manage your financial matters, while a healthcare directive specifies your wishes regarding medical care. These documents ensure that your affairs are handled according to your wishes, even if you can’t make decisions yourself.
5. Planning for Minor Children
If you have children, estate planning is even more important. You’ll want to designate a guardian for your children in case something happens to you and your spouse. Without this provision, a court will decide who will care for your children. Having a clear plan in place ensures that your children are raised by the people you trust.
6. Protecting Assets
Estate planning isn’t just about what happens after you die. It’s also about protecting your assets while you’re still alive. A well-structured estate plan can protect your home, savings, and other assets from creditors, lawsuits, and unnecessary taxes.
By planning ahead, you ensure that your wishes are respected and that your family is cared for in the future.