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Review and Update Estate Plan in the New Year

Review and Update Estate Plan in the New Year

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: January 9, 2025

The start of a new year is the perfect time to review your estate plan, ensuring that it reflects your current wishes and safeguards your legacy.

An estate plan isn’t a static document—it evolves with life changes and shifting financial circumstances. Whether you’ve experienced a major life event or it’s been years since your last review, the new year provides an opportunity to ensure that your estate plan remains accurate and effective. Taking time to update your plan can prevent potential legal challenges and provide peace of mind for you and your loved ones.

Why You Should Regularly Review Your Estate Plan

Life doesn’t stand still, and neither should your estate plan. Changes in family, finances, and laws can significantly impact its effectiveness. Regular reviews ensure that your plan aligns with your current circumstances. A Morgan Stanley article reasons that starting a new year is a perfect time to examine your goals, establish a clear strategy, and ensure that your estate and financial plans will help you achieve your objectives.

Major life events—such as marriage, divorce, the birth of a child, or the passing of a loved one—often necessitate updates. Significant financial changes, like buying property or receiving an inheritance, may also require adjustments to asset distribution or tax planning strategies.

Failing to review your estate plan could result in outdated beneficiaries, unintended heirs, or tax inefficiencies. A proactive approach ensures that your legacy is protected, and your wishes are honored.

Key Areas to Focus on During a Review

When updating your estate plan, prioritize these essential elements:

Beneficiary Designations

Beneficiary designations in retirement accounts, life insurance policies, and payable-on-death accounts often supersede the terms of a will. Ensure that the named individuals reflect your current intentions. If beneficiaries have passed away, divorced, or otherwise become unsuitable, update these designations promptly.

Guardianship for Minor Children

If you have minor children, review the guardianship provisions in your plan. Ensure that the individual's named guardians are still willing and able to take on the responsibility. Reassess if changes in circumstances—such as the guardian moving far away or facing health issues—affect their suitability.

Powers of Attorney

A durable power of attorney designates someone to manage your financial affairs if you become incapacitated. A healthcare power of attorney similarly allows a trusted individual to make medical decisions on your behalf. Verify that these documents are up to date and reflect the best choices for your current situation.

Wills and Trusts

Your will and any trusts should clearly reflect your wishes for asset distribution. Review these documents to confirm they:

  • Account for all your current assets.
  • Reflect any changes in your family or relationships.
  • Align with your tax planning strategies.

Trusts, in particular, may need updates if laws have changed or if you’ve added significant assets since the trust’s creation.

Tax Planning

Tax laws impacting estates and inheritances evolve over time. An outdated estate plan could expose your heirs to unnecessary tax liabilities. Consult with an estate planning lawyer to ensure that your plan leverages current tax advantages and protects your beneficiaries from undue financial burdens.

How to Start Reviewing Estate Plan

The process doesn’t have to feel overwhelming. Breaking it into manageable steps can help you complete a thorough review:

  1. Gather Your Documents: Collect all existing estate planning documents, including wills, trusts, powers of attorney, and beneficiary designations.
  2. Evaluate Life Changes: Reflect on any personal, financial, or legal changes since your last update.
  3. Consult Professionals: Work with an estate planning lawyer to address complex areas, like tax planning or trust revisions.
  4. Communicate with Key Individuals: Discuss your plans with trusted family members or representatives named in your documents to confirm their roles and responsibilities.
  5. Establish a Review Schedule: Commit to revisiting your estate plan annually or after major life events to keep it current.

Benefits of Regular Updates

By regularly reviewing your estate plan, you ensure that:

  • Your wishes are honored: Outdated plans may no longer align with your current preferences.
  • Your loved ones are protected: Proper planning reduces the risk of family disputes or legal challenges.
  • Tax liabilities are minimized: Updated strategies reflect the latest tax laws, protecting your heirs.
  • You retain control: Regular reviews provide confidence that your legacy will be managed as intended.

An up-to-date estate plan reduces uncertainty, providing clarity for you and your family.

Start 2025 with Confidence about Your Estate and Financial Planning

At the beginning of the year, taking time to review and update your estate plan ensures that your intentions are clearly documented and legally sound. As life evolves, so should your plans to protect your family and legacy. By addressing these updates now, you can rest assured that your estate is in order for whatever the future may bring.

Key Takeaways

  • Beneficiary designations must reflect current wishes: Review designations on financial accounts and insurance policies.
  • Guardianship provisions should be revisited: Confirm that named guardians for minor children remain suitable and willing.
  • Powers of attorney ensure representation: Keep financial and healthcare powers of attorney aligned with your preferences.
  • Tax laws impact estate plans: Adjust strategies to reduce tax burdens on your heirs.
  • Regular updates provide security: Annual reviews ensure that your estate plan evolves with your life.

At The Werner Law Firm, our skilled estate planning attorneys are here to help you start the new year with confidence. Reviewing and updating your estate plan is essential to ensure it reflects your current wishes, protects your loved ones, and takes advantage of the latest legal and tax strategies. Whether you’re revisiting beneficiary designations, updating guardianship provisions, or refining tax planning, our team provides the guidance you need to secure your legacy and achieve peace of mind.

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: Morgan Stanley (Nov. 18, 2024) “6 Financially Smart Ways to Start 2025

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