Big Life Events That Should Prompt an Estate Plan Review

estate planning Sep 11, 2024

Estate planning is an essential part of ensuring that your assets are managed and distributed according to your wishes after your death. While many people create an estate plan and feel that their work is done, life changes and evolving circumstances mean that regular reviews of your plan are crucial. Certain major life events should prompt a review to ensure your estate plan remains accurate, up-to-date, and reflective of your current situation.

Here are some of the most significant life events that should prompt a review of your estate plan:

1. Marriage or Divorce

One of the most common life changes that should trigger a review of your estate plan is marriage or divorce. Marriage often means adding a spouse to your estate plan, including them as a beneficiary, or assigning them powers in roles like executor or guardian. Similarly, divorce may necessitate the removal of your former spouse from these positions, particularly if they were previously listed as a beneficiary.

If you fail to update your estate plan after marriage or divorce, your estate could end up distributed in ways you didn’t intend. For example, if your ex-spouse is still listed as a beneficiary, they could inherit a significant portion of your assets, which might not reflect your current wishes.

2. Birth or Adoption of a Child

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The birth or adoption of a child is a joyous occasion, but it also introduces new responsibilities and priorities. This milestone should prompt an immediate update to your estate plan. For parents, an estate plan ensures that children are provided for in the event of your death.

This could include naming guardians who will care for your child, setting up trusts to manage inheritance, and specifying at what age your child can access funds. Failing to account for a new child in your estate plan could result in legal complications, or worse, your assets not being allocated as you would have wished.

3. Major Change in Financial Status

Whether it’s a significant increase or decrease in wealth, any major financial change should result in a review of your estate plan. A sudden influx of wealth, perhaps through an inheritance, a lucrative business deal, or the sale of significant assets, could mean you need to adjust who receives what portion of your estate. You may also need to plan for tax implications related to the new assets.

Conversely, a loss of wealth could mean that your current estate plan allocates more to beneficiaries than you can realistically provide, necessitating revisions to maintain balance and fairness.

4. Death of a Beneficiary or Executor

If someone named in your estate plan passes away, whether as a beneficiary or executor, you should update your plan immediately. The death of a beneficiary could mean redistributing assets to other heirs or charities, while the death of an executor requires the appointment of someone new to carry out your wishes.

Leaving a deceased individual in such roles could lead to legal issues or delays in executing your plan, which could ultimately undermine your intentions.

Discover: Sibling Disputes After a Parent Dies: Estate Planning Advice

5. Retirement

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Retirement marks a significant transition in life, especially when it comes to your financial landscape. After retirement, your income, assets, and future financial needs may shift dramatically, prompting the need for a thorough review of your estate plan.

Your focus may shift toward ensuring that your retirement savings are appropriately allocated and that any charitable giving, family support, or long-term care needs are properly addressed. You may also need to consider potential healthcare expenses and how they factor into your estate distribution.

6. Changes in Tax Laws

Estate planning is closely tied to taxation, and changes in tax laws, particularly those concerning estate taxes, can greatly impact your plan. A change in the law could mean that your estate is subject to higher taxes than anticipated, diminishing the assets passed on to your heirs.

In some cases, new tax laws may offer opportunities to minimize taxes through strategies like gifting or the creation of trusts. Staying informed about tax changes and updating your estate plan accordingly can help you optimize asset distribution.

Conclusion

Life is constantly evolving, and your estate plan should evolve with it. Failing to update your estate plan after significant life events can lead to unintended consequences, such as assets being distributed to the wrong individuals or legal complications for your heirs. By revisiting your estate plan after major life changes like marriage, divorce, the birth of a child, financial shifts, or retirement, you ensure that your wishes are honored and your loved ones are properly provided for.

For legal help in California and your other needs, contact BERYS LAW on this page. We also offer courses on real estate investing, landlording, and templates right here!

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