There is no doubt that having a well thought out estate plan in place is one of the most meaningful gifts you can give to your family. In fact, you may want to get your family’s input when you are going through the process of creating your estate plan – or you may not want them involved. To get you started contemplating your options, the Los Angeles attorneys at Schomer Estate & Wealth Advisors discuss how to involve your family in the estate planning process.
What’s in Your Estate Plan?
When thinking about involving your family members in the process of planning your estate, you need to know exactly what that will entail. Your estate plan should be tailored to suit your needs and achieve your individual goals; however, there are some common tools and components found in the average estate plan, such as:
- A Last Will and Testament
- Testamentary and/or living trust
- Advance directives (Living Will and Healthcare Power of Attorney)
- General or limited Power of Attorney
- Funeral and burial plan
Collectively, these estate planning tools will accomplish things such as ensuring that your assets are distributed according to your wishes after you pass away, protecting your wishes during a period of incapacity while you are alive, protecting and managing the inheritance of young children or vulnerable adults, give someone the authority to control assets and finances, and let you make important decisions now that you may be unable to make later. Another important aspect of your estate plan is your ability to appoint people to fiduciary positions, such as the Executor of your estate or the Trustee of a trust.
Do You Want to Involve Your Family in Your Estate Planning?
Whether or not you involve your family members in your estate planning process is a highly personal decision, and one that may depend on several factors, including the makeup of your family, the value of your estate, family dynamics, and your own character traits (whether you tend to be private by nature for example). Ultimately, your estate plan is precisely that – your estate plan. There is no right or wrong way to handle the involvement, or lack thereof, of your family members during or after the creation of your plan.
Ways to Involve Your Family in the Estate Planning Process
If you are inclined to involve your family in your estate planning process, consider the following:
- Who should be involved? The first decision to make is who should be involved. If you are married, your spouse will likely be included as may your parents and/or adult children, if you have any. You may also decide to involve family members to differing degrees.
- Ask for input. It may seem like an obvious suggestion, but people often do not think about doing it. Explain to your family members what you are working on (Will, trust etc.) and ask for their input. You may be surprised at what you learn. For example, you might be surprised to learn that your daughter really wants your art collection but is not interested in the family home.
- Discuss fiduciary roles. Before you name someone as your Executor or Trustee, discuss the position with them and make sure they are willing and able to serve in the role.
- Identify and resolve conflicts if possible. One thing that often occurs when you involve family members in your estate planning process is that family conflicts flare up. If a conflict is likely to arise during the probate of your estate, it is best to discuss it and resolve it now.
- Explain your wishes. Many of your estate planning documents are aimed at protecting and honoring your wishes, both while you are alive and after you are gone. Explain these wishes to family members so they know what to expect. While your estate planning documents can be used to legally protect and enforce your wishes, it is best for everyone if your family members understand and accept those wishes as well.
Can We Help You with Your Estate Plan?
For more information, please join us for an upcoming FREE seminar. If you are ready to get started on your California estate plan, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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