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Once you've created your estate plan, written your will and established
trusts, it's easy to conclude that you're through with estate planning. But
this is simply not true. As someone once said, the only constant in life is
change. As life changes, estate plans need to be updated to reflect altered
circumstances.
Many experts recommend that you review your estate plan every three years.
At the very least, you should review your plans whenever there is a significant
change with the people affected by your plans, or with your property holdings.
Many of the changes that can affect an estate plan have to do with children:
birth or adoption of a child or grandchild; a child or grandchild reaching the
age of legal majority; a child or grandchild marrying or divorcing. Also, a guardian
may become unavailable or no longer qualified.
Other changes have to do with adults, such as the death of a beneficiary or
the altered needs of one of your beneficiaries due to disability or illness.
There may be other changes with an individual, which warrant an increase or
decrease in distribution or even removing the person from your list of
beneficiaries.
Changes in your own circumstances that should prompt an estate plan review
include the death of a spouse, a divorce, or remarriage. A change in your state
of residence is another reason your estate plan should be revised.
An estate plan regarding your propertyneeds to be current. Some of the
changes that make it advisable to review your plan include: a substantial
increase in the value of your assets; an acquisition of real estate in a state
other than where you are a legal resident; transfer of property specifically
mentioned in your existing estate plan; receiving an inheritance; purchase of
additional life insurance; or a substantial increase in value of retirement
plan assets.
Changes in the laws that affect your estate plan are another reason to
review the plan with a professional on a regular basis. There may be a
significant change in estate tax laws, for example, or changes in the laws regarding
estates, probate, or trusts.
When your own plans change is another reason to review the estate plan.
Obviously, the plan must be modified if you change your mind about how you want
your estate distributed. Perhaps you've changed your mind about charitable
distributions or there have been changes in your business relationships.
How to Review the Plan
Making formal changes to your estate plan requires the assistance of
qualified professionals. However, before consulting with counsel, you may want
to think through your desires completely. One way of doing this is to follow a
simple process. First, list all the people and institutions to whom you wish to
leave money or property. Then, make a list of all your property along with
their approximate values. Calculate the total value of the property in terms of
cash. Ask yourself, If my death had occurred yesterday, how would I want the
property divided among the people?
This process should give you a starting place for working with a
professional to be sure your estate plan stays current with all your life
circumstances and your wishes.
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