When Should You Change Your Estate Plan?

Creating an estate plan is a crucial step in ensuring that your assets are distributed according to your wishes after you pass away. However, life is ever-changing, and circumstances can evolve over time. As such, it’s essential to periodically review and, if necessary, update your estate plan to reflect these changes. In this blog post, Gallinger Law will discuss when and why you should consider revising your estate plan to ensure it remains aligned with your current goals and circumstances.

1. Major Life Events

One of the most significant reasons to revisit your estate plan is when major life events occur. These events can include:

a. Marriage or Divorce: When you marry or divorce, your beneficiaries, assets, and wishes may change. Reviewing and adjusting your estate plan can help ensure that your current spouse or ex-spouse is treated according to your intentions.

b. Birth or Adoption: The birth or adoption of a child or grandchild may necessitate updating your estate plan to include new beneficiaries or modify existing provisions.

c. Death of a Beneficiary: If a beneficiary or executor named in your estate plan passes away, it’s essential to update your plan to designate a new beneficiary or executor.

2. Changes in Financial Situation

Significant changes in your financial situation may also warrant an estate plan update. Here are a few scenarios to consider:

a. Increased Wealth: If you experience substantial financial growth through investments, business success, or inheritance, you may want to revise your estate plan to ensure your wealth is distributed as desired and to minimize tax implications.

b. Debt Reduction: As you pay off debts, it may be necessary to adjust your estate plan to reflect your reduced financial liabilities.

c. Investment Portfolio Changes: Changes in your investment portfolio may impact your estate’s value and distribution. Reviewing your plan can help ensure your investments align with your estate planning goals.

3. Relocation

Moving to a new state or country can have legal and financial implications for your estate plan. Different jurisdictions have varying laws related to estate taxes, property rights, and inheritance. It’s advisable to consult with an attorney knowledgeable about the laws in your new location to update your estate plan accordingly.

4. Changing Tax Laws

Tax laws, especially those related to estate and inheritance taxes, can change over time. Keeping your estate plan up to date can help you take advantage of new tax-saving opportunities or adapt to changes that could affect your beneficiaries.

5. Evolving Family Dynamics

Family dynamics can change over time, impacting your estate planning decisions. Consider these situations:

a. Estrangement: If you become estranged from a family member or wish to disinherit someone, it’s crucial to update your estate plan to reflect your intentions clearly.

b. Remarriage: Remarrying can complicate matters, particularly if you have children from a previous marriage. Updating your estate plan can help ensure that your new spouse and children are provided for appropriately.

c. Beneficiary Needs: As your beneficiaries’ needs evolve, you may want to adjust your estate plan to address their changing circumstances, such as disability, illness, or financial challenges.

6. Changing Goals

Your estate planning goals may change as you go through different stages of life. Perhaps your initial goal was to provide for your children’s education, but now you want to focus on charitable giving or leaving a legacy for future generations. Reviewing and updating your estate plan can help align it with your current objectives.

7. Healthcare and End-of-Life Decisions

Estate planning is not only about the distribution of assets but also about making important healthcare and end-of-life decisions. As you age, your preferences regarding medical treatment, long-term care, and guardianship may change. Updating your advance directives and healthcare proxies can ensure your wishes are respected if you become unable to make these decisions yourself.

8. Business Changes

If you own a business, significant changes in your company’s structure, ownership, or valuation may require adjustments to your estate plan. You may need to plan for the succession of your business or allocate shares to beneficiaries.

9. Review Regularly

To ensure your estate plan remains up to date, it’s wise to establish a regular review schedule. Many experts recommend reviewing your plan every three to five years or whenever a major life event occurs. Regularly consulting with your estate planning attorney or financial advisor can help you stay on top of changes that need to be made.

Need Help With Your Estate Plan?

Your estate plan is not a one-and-done document. It should evolve with your life and financial circumstances to ensure that your wishes are met and that your loved ones are provided for as you intend. By staying vigilant and reviewing your estate plan when major life events, financial changes, or other significant developments occur, you can achieve peace of mind knowing that your legacy is secure. Remember, consulting with a qualified attorney or financial advisor is essential to navigate the legal complexities of estate planning and ensure your plan is in compliance with current laws and regulations. Drawing from our extensive 17-year track record of serving the Long Beach area and its neighboring communities, we have honed our expertise in estate planning, business law, nonprofit applications, and immigration services. Call 888-255-9147 to arrange an initial consultation with Gallinger Law.