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Estate Planning Steps for Retirement

Estate Planning Steps for Retirement

Troy Werner and his family

Written by Troy Werner

Troy Werner has been an indispensable asset to The Werner Law Firm since joining in 2009, providing exceptional legal service to its clients.

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POSTED ON: February 25, 2025

Retirement planning isn’t just about saving for the future—it’s about ensuring that your assets are protected and distributed according to your wishes.

Retirement marks a significant transition in life, bringing new financial priorities, healthcare considerations, and estate planning responsibilities. Without a well-structured estate plan, assets may be subject to unnecessary taxes, probate delays, or disputes among heirs. Taking proactive steps to align estate planning with retirement goals ensures financial security and peace of mind for you and your loved ones.

Why Estate Planning Is Essential in Retirement

As retirees shift from accumulating wealth to managing and distributing it, estate planning becomes a critical component of financial security. Proper planning ensures:

  • Assets are transferred efficiently to beneficiaries.
  • Healthcare and financial decisions are legally documented.
  • Taxes and probate costs are minimized.
  • Family members understand and respect your wishes.

Key Estate Planning Steps for Retirement

Without an estate plan, state laws determine asset distribution, which may not align with your preferences. Get started with these nine steps to develop an estate plan you can count on.

1. Review and Update Your Will

A will outlines how assets should be distributed after death and names an executor to oversee the process. Many retirees neglect to update their wills, leaving outdated instructions that may not reflect their current financial situation or family dynamics.

Ensure your will:

  • Accurately lists your beneficiaries.
  • Accounts for major life changes such as marriage, divorce, or the birth of grandchildren.
  • Names a trusted executor who can efficiently manage your estate.

2. Establish or Update a Trust

Trusts can provide additional flexibility and control over asset distribution, while avoiding probate. Consider: Types of trusts available include revocable living trusts for lifetime asset management, irrevocable trusts with high tax benefits and special needs trusts optimized for disabled heirs. Talking with an estate planning attorney can help you choose the right trust for your needs.

3. Assign Powers of Attorney

Designating a financial and healthcare power of attorney ensures that someone you trust can decide on your behalf if you become incapacitated.

  • Financial power of attorney: Grants authority to manage finances, pay bills and oversee investments if you cannot.
  • Healthcare power of attorney: Appoints someone to make medical decisions based on your preferences.

Without these documents, court intervention may be required to designate a guardian, delaying crucial decisions.

4. Create an Advance Directive

An advance directive (or living will) provides clear instructions about medical treatments you do or do not want in case of serious illness or incapacity. This document helps loved ones make difficult healthcare decisions without uncertainty or conflict.

Common advance directive instructions include:

  • Whether to pursue life-prolonging treatments.
  • Preferences for pain management and palliative care.
  • Organ donation and end-of-life wishes.

5. Review Beneficiary Designations

Many retirement assets, such as 401(k) plans, IRAs, and life insurance policies, pass directly to named beneficiaries outside of a will. Review these designations regularly to ensure that they align with your estate plan.

Ensure that:

  • Beneficiaries are correctly listed on all accounts.
  • Contingent beneficiaries are named in case primary beneficiaries pass away.
  • Life changes (such as divorce or remarriage) are reflected in updated designations.

6. Plan for Required Minimum Distributions (RMDs)

Once retirees reach age 73 (as of 2025), they must begin taking required minimum distributions (RMDs) from traditional retirement accounts. Failing to withdraw the correct amount results in hefty tax penalties.

Effective RMD planning can:

  • Prevent unnecessary tax burdens.
  • Align withdrawals with charitable giving goals.
  • Ensure adequate cash flow for long-term financial needs.

7. Consider Estate Tax Implications

Federal estate taxes apply only to estates exceeding $13.99 million per person in 2025. However, state-level estate taxes may have lower thresholds. Strategies to reduce estate taxes include:

  • Gifting assets: Taking advantage of the annual gift tax exclusion ($19,000 per recipient in 2025) to transfer wealth tax-free.
  • Charitable donations: Donating to charities or establishing a charitable trust to reduce taxable estate value.
  • Trust planning: Using irrevocable trusts to remove assets from the taxable estate.

8. Plan for Long-Term Care Costs

Healthcare expenses increase with age, and long-term care (such as nursing home stays or in-home caregivers) can be costly. Planning for these expenses ensures that medical needs are covered without depleting assets. Options include:

  • Long-term care insurance: Helps cover nursing home, assisted living, or home healthcare costs.
  • Medicaid planning: Strategies to legally preserve assets while qualifying for Medicaid benefits if needed.
  • Hybrid life insurance policies: Offer long-term care benefits as well as traditional coverage.

9. Organize Important Documents

Retirees should ensure that all essential estate planning documents are easily accessible. These include:

  • Will and trust documents
  • Financial and healthcare powers of attorney
  • Advance directives
  • Deeds, titles, and asset records
  • Insurance policies and retirement account statements

Providing a trusted family member or attorney with copies of these documents prevents confusion and delays when decisions need to be made.

Secure Your Legacy with Proper Planning

Retirement is the ideal time to ensure that estate plans align with financial goals, healthcare needs, and family dynamics. Taking these steps now can prevent legal complications, reduce tax liabilities, and provide peace of mind that assets will be distributed according to your wishes.

Key Takeaways

  • Update Your Will and Trusts: Ensure that your documents reflect financial and family circumstances.
  • Assign Powers of Attorney: Designate trusted individuals to make financial and healthcare decisions if needed.
  • Review Beneficiary Designations: Confirm that retirement accounts and life insurance policies align with your estate plan.
  • Plan for Taxes and RMDs: Manage required distributions and estate tax implications effectively.
  • Prepare for Long-Term Care: Consider insurance, Medicaid planning, or hybrid policies to cover future healthcare expenses.

Estate planning in retirement is essential to ensure your assets are managed and distributed according to your wishes while minimizing taxes and legal complications. By taking proactive steps now, you can protect your financial future and provide peace of mind for your loved ones.

At The Werner Law Firm, our experienced probate attorneys are here to help you create a comprehensive estate plan tailored to your retirement goals. Whether you need to update your will, establish a trust, or plan for long-term care, we are here to assist you.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: VanguardEstate Planning in Retirement

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