Wills & Trusts (and other handy Estate Planning documents)
Estate Estate Planning Estate Trusts Estate Wills & Probate
Summary: There are no good excuses for not having Estate Planning documents in place.
Wills &
Trusts (and other handy Estate Planning documents)
I
recently read that approximately 70% of our population does not have a
Will. That is an astonishing
figure.
I
have heard all of the excuses for not making a Will; “I don’t want to think about
dying”, “I don’t have that much to leave to my relatives”, “It’s too
expensive”, and my personal favorite, “I’m afraid if I make a Will, I will be
tempting Fate to do me in”. Trust me on
this; making a Will will not result
in your early demise.
Having
a Will or, better yet, a Will and Trust, in effect at your death is one of the
most thoughtful things you can do for
your family. They are so versatile. You don’t have to limit your instructions to
“who gets what”. You can make your
funeral wishes known, set up a Trust for that kid who just doesn’t know how to
handle money, set up Educational Trusts for the grandkids to help them with
college expenses, protect the government benefits of a disabled or special
needs child or relative, make sure someone will care for your dog, have a plan
in place for your family to be able to continue enjoying the cottage Up North
for years to come. The options are
endless.
Your
loved ones are busy enough when you pass away; making funeral arrangements,
notifying other family members, friends, creditors, insurers, etc. Not to mention, grieving. Making your wishes
known with a Will, or Will and Trust, can make a very challenging time a little
less difficult.
In
addition, we would advise you to execute a Power of Attorney, so that a trusted
family member or friend can handle your financial affairs should you become
unable to do so; and a Patient Advocate Designation in the event you are in the
hospital and are unable to make decisions with regard to your treatment.
These
documents; a Will or Will and Trust, a Power of Attorney, and a Patient
Advocate Designation (which also includes a Living Will setting forth the
treatment you would like to have should you become terminally ill); are one of
the greatest gifts you can give your family.
Without
them, your loved ones can end up mired in paperwork in the Probate Court for
months, or years.
Without
them, if you become unable to handle your financial affairs, someone has to go
to Probate Court to become your Conservator.
Without
them, if you are in the hospital and can’t participate in treatment decisions,
someone has to go to Probate Court to become your Guardian.
And
a Trust can even allow your family to
avoid having to probate any of your assets.
The Trustee you have appointed just conveys your assets to the
Beneficiary/ies you have named, and that is the end of it. No Probate Court hassles.
Once
you have executed these documents, that doesn’t mean your plans are set in
stone. You can always amend them. If your circumstances change, or the
circumstances of your beneficiaries should change, you can just have your
attorney update your documents to reflect those changes.
So, get over your reservations about having these documents prepared for you and see an attorney sooner, rather than later. Then, you and your family will have one less thing to worry about. And who needs any more things to worry about?
All information contained in this article pertains to Michigan law only.