How Do I Ask My Parents About Their Estate Plan?

Many older adults and their children struggle with discussing death and estate planning matters. However, opening lines of communication about protecting themselves and their family through an estate plan is incredibly important.

The Reality of Estate Plan Preparedness

When asked if they have a will in place, some older adults claim they’re prepared when they actually aren’t. They may possess an outdated will that no longer reflects their current situation, or they may have failed to sign or file their will and other important estate planning documents.

Clarifying the status of older adults’ wills is critical to ensuring a smoother transition of assets. This conversation should occur when they’re of sound mind and clearly able to make their own decisions about their estates.

When You Need a Will

If you have minimal assets and only one child, you may not require a will. However, if you wish to leave something to a charity or dear friend, you’ll need one. Those with more assets or multiple children should hire an experienced estate planning attorney for assistance.

Intestate Succession Risks

If you pass away without a will – known as intestate succession – your assets may be distributed according to state probate law, which may differ from your wishes. Wills become especially important if heirs might dispute the estate or if you want specific assets going to particular people.

Special Circumstances Requiring Estate Plans

Blended Families: Estate planning is particularly critical to avoid partial or full disinheritance of a surviving spouse or their children.

Minor or Special Needs Children: Appointing guardians protects vulnerable family members.

Single Individuals: Even without marriage, single people in committed relationships need plans. State inheritance laws typically don’t provide for domestic partners to inherit, making a will essential for recognizing these relationships and protecting partners’ property rights and benefits.

If you or a loved one needs assistance with estate planning, do not hesitate to contact The Stegall Law Firm for a consultation. We are here to help.