When is it Time to Create an Estate Plan

When people think of estate planning, they often focus on what happens to their assets after they pass away. But a strong estate plan goes beyond that-it also addresses what happens if you become incapacitated and need someone to make decisions on your behalf. It ensures you have named trusted individuals to act during your lifetime and after your passing, with contingencies in place for the unexpected.

For example, what happens if the person you name as an agent or heir becomes disabled or predeceases you? Without a plan, state law-not you-will dictate who acts on your behalf or inherits your estate.

If you become disabled and don't have the capacity to sign a Financial Power of Attorney or a Healthcare Power of Attorney (sometimes called a General Durable Power of Attorney or Healthcare Directive), a court­ ordered guardianship will be required before anyone can legally make decisions for you. While there are limited exceptions for certain healthcare decisions, having these documents in place can help avoid the expense and time associated with guardianship proceedings.

Upon your passing, it's equally important to have clear instructions regarding the distribution of your assets. Without a plan, ownership provisions or state laws will determine who inherits what. For instance, if you own a joint account with one of your children, that account automatically becomes theirs upon your death-with no legal obligation to share it with their siblings. Similarly, assets with designated beneficiaries, pay-on-death, or transfer-on-death provisions will pass directly to the named individual(s). But what happens if a named beneficiary predeceases you or becomes incapacitated? Without proper planning, this could lead to unintended consequences and even family conflict.

To avoid these issues, a Will or Trust provides clear instructions. A Will outlines how your assets should be distributed after your death, but only becomes legally effective when probated (filed in court). In Indiana, for example, if a Will isn't probated within three years of death, it can no longer be used, and state law will control. A Trust, on the other hand, can provide instructions for both your incapacity and after your passing without requiring probate, offering greater flexibility and privacy.