News & Resources: Blog

Having the ‘Estate Planning’ Talk Over the Holidays

Published: November 23, 2021

The holiday season is a time for families to come together, sharing meals, memories, and laughs. While the urge to keep things light-hearted is understandably strong, for many families, this is the only time of year where everyone can be together under the same roof and taking some time to discuss some ‘heavier’ issues can be very productive. Being proactive and starting a conversation with your elderly loved ones about their estate planning during this time can be helpful in avoiding crisis situations in the future. Whatever dynamics exist between and among your family members, talking about estate planning doesn’t need to be a morbid conversation that ruins the holiday. Instead, it can be upbeat, enlightening and the perfect opportunity for everyone to add their input in a relaxed environment. Below we provide some tips that you can utilize to lessen the stress involved with having a conversation about estate planning.

Discuss Your Own Estate Plan

One way to open this sometimes uncomfortable conversation is by discussing the steps you have taken to put your own estate plan in to motion. This may include sharing:

  • To whom you’ve given your health care power of attorney to make medical decisions for you if you’re too ill or incapacitated to make them yourself
  • Who you named as the executor of your will
  • Where you’ve stored your estate planning documents, especially the original of your will
  • Which estate planning specialist you consulted

Share Some Real World Examples

Does Grandma follow all the latest celebrity gossip? Well, here’s an opportunity to share some antecdotes of celebrities who left their families in percarious situations due to their lack of estate planning. Tell them about how Prince’s family is still going through an arduous process because of his lack of a will. Or, how Aretha Franklin never shared her will with her family and eventually they found multilpe ones that were contradictory. As an example of a positive antecdote, talk about Ray Charles. He sat his entire family down (which included 12 kids from 9 different mothers!) and discussed what he planned for his estate after his passing.  Encourage your loved ones to talk to each other like Ray Charles. 

Explain How Having The Conversation Can Help You

You’re probably thinking that this tip sounds a bit selfish, but for many of us, we’re more likely to discuss something we don’t want to, if we know that it affects someone else. A good tactic to encourage the discussion is helping your family understand that having plans in place means reduced time, energy, and costs at a time when you will already be grieving. By them sharing this info now, they’re doing you a favour long-term. For example, if you’re speaking to a parent, it may be helpful to highlight how knowing their wishes will help you wrap up their affairs as their executor.

Break Up The Conversation

The topic of death and estate planning can be very overwhelming, resulting in us feeling the need to wrap up the entire conversation as quickly as possible. But that can actually make an already difficult conversation more exhausting than it needs to be. As a result, you may find it more productive to break it up into bite-sized chunks so you aren’t biting off more than you can chew at once.

Be Patient

At the end of the day, thinking about your own death is scary. It’s natural for many of us to feel a need to avoid the conversation wherever possible, so it may take some time for your loved ones to understand the importance of sharing their end-of-life plans with you. The key to having a successful end-of-life conversation is for all parties to feel comfortable and not feel ambushed at a time that’s not right for them. The most important thing you can do is take the first step to indicate that you’d like to have this conversation. 

At Scott Bloom Law, we are a team of advocates who care, always fighting for what is best for our clients and their families. With knowledge, experience, and compassion, we strive to find solutions that make the aging process as emotionally and financially painless as possible. Visit us at scottbloomlaw.com or call 215-364-1111, to talk to find out more.

CLIENT Testimonial

It is important to plan your estate to ensure that your assets, interests, and those you love will be protected after your death. However, without proper guidance and advice from a qualified estate planning attorney, many individuals make costly mistakes. Beyond undermining your intent and diminishing your financial legacy, poor planning can create additional stress to your heirs in their time of grief.

Six common errors frequently happen during the estate planning process. These mistakes often occur because the complete financial picture was not fully considered. It is easiest to avoid estate planning mishaps by knowing what they are before you begin or looking for these errors when reviewing and updating your plan.

Financial procrastination causes problems. While examining your mortality and making end-of-life preparations is not a particularly fun activity, try viewing it as helping and enhancing your loved ones' future lives while creating a sense of peace during your own. 

The need to protect your finances using wills, trusts, and power of attorney (POA) documents is not solely the domain of the elderly. Putting off the drafting of legal documents necessary to protect yourself and your inheritors can lead to disastrous outcomes.

By far, failing to create an estate plan is the most common mistake. Even if you do not have a lot of money, you need a will to protect any minor children you have by naming their guardians. Your will also ensures your asset distribution to heirs is carried out according to your intentions when you die and names a representative to handle debt obligations, final taxes, and other estate administrative duties. Dying without a will or "intestate" can lead to dire consequences.

Outdated wills, forms, and POAs create problems. If you made a will twenty years ago and have not reviewed and updated its contents, chances are many of the details no longer reflect current assets or beneficiaries. Estate planning is not a "set it and forget it" proposition. Reviewing estate planning documents and beneficiary forms every two years is generally adequate, barring a major life change such as divorce, birth, death, remarriage, or relocation to another state.

Beneficiaries without coordination can create expensive oversight. Beneficiary forms for retirement accounts like 401(k)s and IRAs, annuities, and life insurance policies may constitute a significant portion of your estate's assets. These beneficiary forms are legally binding and will supersede the contents of your will. Failure to update beneficiary forms can lead to an ex-spouse receiving assets that preferably would go to your heirs. Routine checks of all beneficiary designations are best practices for estate planning.

Failing to title trust assets properly can lead to probate. While not everyone requires a trust, those who do must carefully retitle their assets into the name of the trust. Forgetting to add more recently purchased property or opening a new account requires you to title them into the trust to receive trust benefits. Whether real estate, cash, mutual funds, or stocks, if you fail to move the asset into the trust, they become subject to the probate court, possible tax consequences (depending on the trust type), and a public record of these assets.

Life insurance can trigger estate tax. Life insurance can provide heirs with liquidity without the sale of assets and tax consequences when handled correctly. However, if a wealthy individual dies while maintaining ownership of their life insurance policy, they may inadvertently create a tax event for their heirs. Although life insurance death benefits are not subject to state or federal income taxes, any "incident" of ownership by the decedent can create an inheritance tax.

An estate planning attorney can help shelter life insurance proceeds from high-value estates by gifting the policy to an Irrevocable Life Insurance Trust (ILIT) or draft a new trust to purchase a new policy where the trust is the owner and beneficiary. A policy owned by the trust does not create a taxable situation to death benefits. Your attorney's careful structuring of this trust type is complex but can provide proper protection.

Joint ownership of assets with your children can lead to disastrous consequences. Naming your children as co-owners of assets, even digital, permits their creditors to access your money. The better way to address the situation is to give your adult child power of attorney and assign them as a beneficiary to a payable on death bank or brokerage account. This tactic permits them to access your funds if required during your lifetime. However, it keeps your assets from your child's estate and away from their potential creditors.

Ultimately the biggest error you can make is not finding the right estate planning attorney to guide you. This specialized attorney receives training on avoiding probate, tax implications, and asset protection if you require long-term care. Proper planning with the right guidance will help you avoid costly estate planning mistakes and protect your family's future financial well-being.

If you have questions or would like to discuss your legal matters, please do not hesitate to contact our office at 215-364-1111 to schedule a consultation.

- Estate Planning Mistakes to Avoid

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CLIENT Testimonial

Scott explained estate planning very thoroughly and in terms we could understand. He let us know our options and we feel that he is very knowledgeable, professional and also a compassionate person. We recommend Scott to our family and friends!
- Fred T., Willow Grove, Pennsylvania