Start Estate Planning Before You Have All the Answers

Takeaways

• You do not need to predict every future change before starting an estate plan.

• A basic plan can protect your family now and be updated as your circumstances change.

• Some decisions, including Medicaid planning, special needs planning, and blended-family arrangements, require individualized legal advice.

• Review your plan after major life changes and whenever your financial, family, health care, or legal circumstances change.

Many people delay estate planning because they are waiting for certainty. They want to know how long they will live, how much money they will have, which family members may need help, and what their health care needs will be years from now.

Those answers are impossible to know with certainty. But waiting until every question has been resolved can leave you and your family without important protections. You can start estate planning with the information you have today and revise your plan as your life changes.

Why You Should Not Wait for a Perfect Plan

An estate plan is not a prediction of the future. It is a set of legal and practical instructions based on your current circumstances, priorities, and concerns.

Your plan may need to change if you move to another state, receive an inheritance, experience a divorce, lose a spouse, develop a serious illness, or see a significant change in your family or finances. That does not make the original plan a mistake. It means the plan needs to keep up with your life.

A plan that is not perfect but reflects your current wishes is often more helpful than having no plan at all. Without a plan, state law and court procedures may determine who makes decisions for you, who receives your property, and how your estate is handled.

How to Start Estate Planning: What You Can Do Now

You do not have to solve every estate-planning question in one meeting. Start with the decisions that can provide immediate clarity and protection.

Make a List of Your Assets and Debts

Create an inventory of your major assets and financial obligations. Include items such as:

• Bank and investment accounts
• Retirement accounts and pensions
• Life insurance policies
• Real estate and other property
• Business interests
• Vehicles and valuable personal property
• Digital accounts and electronically stored information
• Mortgages, loans, credit cards, and other debts

You do not need to know the final distribution of every item before making this list. The inventory gives you, your family, and your attorney a clearer picture of what needs to be addressed.

The estate planning checklist for seniors can help you organize some of these initial tasks.

Identify the People You Want to Protect

Think about the people who depend on you financially or may need assistance if you become unable to act for yourself. This could include a spouse, children, grandchildren, a family member with a disability, or another person who relies on you for support.

Also consider whether anyone in your family has financial, health, substance use, creditor, or relationship concerns that could affect an inheritance. These issues may influence whether assets should be distributed outright or held in a trust.

Choose People You Trust to Make Decisions

You may need to name people to act for you if you become unable to manage your finances or make health care decisions. Depending on your circumstances and state law, these roles may include an agent under a financial power of attorney, a health care agent or proxy, a trustee, or a personal representative.

Choosing someone simply because they are the oldest child or live nearby may not be the best approach. Consider the person’s judgment, reliability, availability, willingness to serve, and ability to handle potential family disagreements.

You should also name backup decision-makers in case your first choice cannot or will not serve.

Review Beneficiary Designations

Beneficiary designations on retirement accounts, life insurance policies, and certain financial accounts may determine who receives those assets. They may operate separately from your will.

Review the designations on your accounts and make sure they reflect your current wishes. A divorce, remarriage, death, or estrangement may create problems if beneficiary forms are not updated.

Because beneficiary rules can be complicated, ask an attorney or financial professional to review the designations when you have a trust, a blended family, a beneficiary with a disability, or a beneficiary who receives public benefits.

Which Documents May Be Part of an Estate Plan?

The documents you need depend on your family, property, health, and goals. A plan may include:

• A will that explains how certain property should be distributed and may name a guardian for minor children
• A revocable living trust in appropriate circumstances
• A durable financial power of attorney
• A health care power of attorney or health care proxy
• An advance directive or living will
• A personal property memorandum
• Trusts or other arrangements for minor children, people with disabilities, or beneficiaries who need additional protection

Check out a related article on the five components of a good estate plan for a helpful overview of the documents and decisions that may be involved.

Creating one document does not necessarily create a complete estate plan. For example, a will may not control assets that pass by beneficiary designation, joint ownership, or a trust. Your documents and account designations should work together.

What Should You Not Try to Guess About?

Starting your estate plan does not mean making every complicated decision on your own. Some situations require advice tailored to your state and circumstances.

Medicaid and Long-Term Care Planning

Older adults may need Medicaid to help pay for long-term care. Transfers of money or property can affect eligibility and may create unintended consequences. Planning may need to account for income, assets, transfer rules, a spouse’s needs, and the possibility of future care.

Read more about using estate planning to prepare for Medicaid, and speak with an attorney before transferring assets for Medicaid-planning purposes.

Special Needs Planning

An inheritance or direct gift may affect a person’s eligibility for needs-based benefits. A special needs trust or another planning arrangement may be appropriate in some situations, but the correct approach depends on the beneficiary and the applicable benefit programs.

Blended Families and Unequal Inheritances

If you have children from more than one relationship, a current spouse, stepchildren, or a former spouse, do not assume that a standard will solves every issue. You may need to coordinate beneficiary designations, trusts, property ownership, and the timing of inheritances.

If you plan to leave different amounts to family members, consider discussing your intentions with the people affected. A surprise distribution can create conflict, even when it reflects your wishes.

Business Interests, Real Estate, and Out-of-State Property

Business ownership, rental property, farms, and real estate in more than one state can create additional planning and administration issues. These assets may require coordinated advice from an estate planning attorney, tax professional, or other advisor.

Estate Planning Also Includes Health Care Decisions

Estate planning is not limited to what happens after death. It can also help determine who may speak for you and what care you would want if you cannot communicate or make decisions yourself.

Talk with the people you trust about your preferences for medical treatment, living arrangements, and end-of-life care. Put important decisions in writing using documents recognized in your state.

The National Institute on Aging’s guidance on advance care planning explains why people should not wait until they are seriously ill to discuss and document their wishes.

When Should You Review Your Estate Plan?

Even a solid estate plan should be reviewed periodically and after major changes. Consider reviewing it when:

• You marry, divorce, separate, or remarry
• A child or beneficiary is born, dies, marries, divorces, or becomes unable to manage money
• A person named in your plan can no longer serve as an agent, trustee, or executor
• You move to another state
• Your health or long-term care needs change
• Your assets, debts, business interests, or tax situation change substantially
• You receive an inheritance or sell a major asset
• Laws affecting your estate, taxes, trusts, Medicaid, or benefits change

The right time to update your estate plan is not always a fixed number of years. The important point is to revisit the plan when the facts behind it change.

How an Attorney Can Help

An elder law or estate planning attorney can help you identify gaps, explain your options, and coordinate your plan with your health care and long-term care goals. This can be especially important when your plan involves Medicaid, incapacity, a family member with special needs, a second marriage, a business, or concerns about creditors or financial exploitation.

You do not need to have all the answers before meeting with an attorney. Bring your questions, your asset inventory, copies of existing documents, and a list of the people you may want to protect or appoint. The planning conversation can help you determine which decisions need to be made now and which can be revisited later.

Start With What You Know Today

The goal is not to create a set of comprehensive estate planning documents that never change. It is to make thoughtful decisions that protect you and your loved ones under the circumstances you face today.

Begin with basic steps, including gathering your information, identifying the people you trust, reviewing your beneficiary designations, and creating the documents that address your most immediate concerns. Then review and update your plan as your family, health, finances, and the law change.

An imperfect plan can be improved. A plan that never gets started cannot protect anyone.

Additional Reading

• ​Health Care Proxy: Who Makes Medical Decisions When You Can’t?

• Execute a Durable Power of Attorney Before It’s Too Late

• I’m Being Excluded From the Probate Process. What Do I Do?

• Transfer-on-Death Accounts: A Useful Estate Planning Tool