Whatever your age, net worth, or health, your loved ones will eventually be faced with taking care of you and your estate, according to a recent article from KTAR News, “Here’s why everyone over the age of 18 needs a will.”
First Things First
It should be universally understood that anyone with a minor child or children needs to have a Will. This is the legal tool used to ensure that your children are taken care of by someone you trust to oversee them if something happens to you. A recent survey revealed the unsettling fact that the largest group of people without a will is parents with children under age 18.
If you don’t have a Will to name a guardian and something unexpected occurs, the courts will decide what happens to your children when you die. You’d probably prefer to name someone you trust and love, rather than letting the court decide. The court is under no obligation to name a family member.
Trusty Protection
Trusts are a versatile tool in estate planning, not just for wealthy individuals. They are used to protect assets and take effect immediately upon creation. By comparison, your Will only takes effect after you’ve died. Any assets included in your trust don’t go through probate, while any assets you leave to someone in your Will do. Probate is a court process in which your Will is validated, an Executor is approved and letters testamentary are issued authorizing your Executor to administer your estate. People use trusts for many reasons, but among them are:
- Assets in a trust are protected from creditors and lawsuits.
- Assets can be passed directly to beneficiaries without court involvement.
- Trust documents and information remain private. Wills become part of the public record once they are entered into probate.
An experienced estate planning attorney will advise you as to what kind of trust is best for your unique situation and which assets should be placed in the trust. Funding the trust is an important and often overlooked step. This means retitling assets so that they belong to the trust, rather than to the grantor (the person establishing the trust). If you fail to fund the trust, it is as if the trust doesn’t exist. The assets remain in your estate.
For parents, a testamentary trust is often used to provide funds for their children in the event of their untimely passing. This type of trust becomes effective upon the death of the parent.
Special Circumstances
There are many nuances in the estate planning world best addressed by an experienced estate planning attorney. For instance, blended families can easily disinherit biological children if Wills are not properly prepared. Long-term couples who aren’t married need healthcare documents, including a Healthcare Proxy, HIPAA Release and Living Will, so that they can be involved in each other’s medical care in case of an emergency. Solo Agers need to identify friends or professionals who they can trust to act in their best interest. Families that include an adult with cognitive decline or an intellectual disability will need careful estate planning to protect the rights and wishes of the individual. Everyone should appoint an Agent through a Durable Financial Power of Attorney so financial or legal matters can be handled in case of incapacity.
There’s no question: everyone needs a comprehensive estate plan. The real question is, if you don’t have an estate plan, what are you waiting for? Contact our office today.
Reference: KTAR News (Aug. 3, 2026) “Here’s why everyone over the age of 18 needs a will”
