
How to Update Your Estate Plan After a Major Event
Life doesn’t stand still, and your estate plan needs to adapt. Whether it’s retiring, losing a spouse, or experiencing financial changes, your estate plan needs adjustment after important life events. Estate plan modifications make sure your will, trusts, and other legal documents reflect your current situation.
In this article, we’ll walk through what you need to know to keep your estate plan up to date.
When to Update Your Estate Plan
There are certain life events that can significantly impact your financial and personal situation. If you’ve experienced any of the following, it’s time to review your documents.
Change in Family Structure
Changes in your family structure, like marriage or welcoming a new grandchild, should prompt a review of your estate plan. Marriage, divorce, or the loss of a loved one can affect how your assets are distributed and who has decision-making power in medical or financial matters. Additionally, if you have new grandchildren, you may want to update beneficiaries, trusts, or inheritance plans to include them.
Related: Tax Benefits for Grandparents Raising Grandchildren
Death of a Beneficiary or Executor
If someone named in your estate plan passes away, you’ll need to adjust your documents accordingly. This may involve naming a new executor, trustee, or financial power of attorney. Keeping these roles updated guarantees a smooth transition when your estate is settled.
Significant Change in Assets or Financial Situation
Retirement often brings shifts in income, investments, and property ownership. If you’ve sold a business, acquired new real estate, or changed investment strategies, your estate plan should reflect these updates. For Southern California residents, real estate values can be a key consideration when structuring your estate.
To learn more about estate and gift taxes, visit the IRS Estate and Gift Taxes Guide.
Relocation to a New State
Estate laws vary by state. If you’ve moved to California from another state, and/or vice versa, your estate documents may need to be revised to comply with local laws. A new residency might also affect tax obligations and healthcare directives.
Changes in Health or Long-Term Care Needs
If you’ve been diagnosed with a medical condition or anticipate needing long-term care, it’s critical to review your healthcare power of attorney and advance healthcare directive. Planning for future care needs ensures your wishes are honored while protecting your financial security.
8 Steps to Take for Estate Plan Adjustment After a Life Event
Once you’ve identified the updates you need to make after a major life event, follow these steps so that your estate plan reflects your current wishes.
1. Review Your Estate Plan with Fresh Eyes
Go through your will, trusts, power of attorney documents, and healthcare directives. Are they still aligned with your wants and needs? If not, take note of what needs to change. If you need help updating wills post major events, consult an estate planning attorney to check if your changes are legally sound.
2. Talk to Your Family and Trusted Advisors
Estate planning isn’t just about paperwork, it’s about making sure your loved ones understand what you have planned. Discuss potential changes with your spouse, adult children, or any close family members who may play a role in carrying out your estate plan.
3. Work with an Estate Planning Attorney
Estate planning can get complicated, especially since laws frequently change. A knowledgeable estate planning lawyer can help ensure your documents comply with current regulations and that your assets are structured in the most tax-efficient way possible. If you live in California, working with an attorney familiar with state-specific laws is especially important.
4. Update Beneficiaries and Legal Designations
Life insurance policies, retirement accounts, and payable-on-death bank accounts pass directly to named beneficiaries. Make sure those designations are still accurate. Also, confirm that your power of attorney and healthcare proxy are the right people for the job.
5. Establish or Update a Living Trust
A living trust can simplify asset distribution and help avoid probate. If you already have a trust, review its terms to check if it still meets your needs. Updating a trust post major event ensures that your assets are distributed according to your latest preferences and minimizes legal complications.
Related: How to Choose Between Transfer on Death Deed or Living Trust
6. Review Your Healthcare Directives
Make sure your advanced healthcare directive reflects your current medical preferences. Your appointed healthcare proxy should be someone you trust to make medical decisions on your behalf if needed.
7. Consider Tax Implications and Charitable Giving
Tax laws can affect the distribution of your estate, especially in high-value areas like Southern California. Explore tax-saving strategies such as charitable giving, gifting, or setting up a family foundation. An estate planning attorney or financial advisor can help you identify the best options to minimize tax liabilities for your heirs.
8. Store Your Documents Securely and Keep Loved Ones Informed
Your estate plan won’t help anyone if it’s difficult to find. Keep your documents in a secure but accessible place. Inform your executor, trustee, and key family members about where they are stored and who they should contact if something happens to you.
Common Mistakes to Avoid When Making Estate Planning Modifications
- Not Updating Beneficiary Designations: Many assets bypass your will and go directly to beneficiaries. Keeping these designations up tp date prevents unintended distributions.
- Forgetting to Name Backup Executors or Trustees: If your first choice can’t serve, it’s important to have a backup in place.
- Overlooking Digital Assets: Online accounts, digital property, and intellectual property should be included in your estate plan.
- Delaying Updates After a Major Life Event: The sooner you make necessary changes, the easier it will be for your loved ones down the road.
Consult an Estate Planning Attorney After a Major Life Event
For those living in Southern California, working with an estate planning attorney who understands local laws and tax implications can help you create a plan that meets your needs.
Updating your estate plan may affect your financial situation. Schedule a free consultation to discuss with Chatterton & Associates financial professionals so you can make estate plan updates after a significant life event.