Estate Planning

While the internet and advances in technology have made so many aspects of life easier, they’ve made estate planning a little bit harder. Now, you not only need to focus on planning the funeral and dividing up your estate, but you must also decide what should happen to all the online accounts in your name. After all, the last thing your family needs is for a portion of your identity to float around in cyberspace. But not to worry – with these 8 tips, you can easily organize and manage your digital estate!

1. Create an inventory of your digital material

Before doing anything else, make sure that you are aware of all of your online material (at least the most important sites). This may seem obvious, but it’s the first step. You can’t make a plan if you don’t know what to include. Consider social media accounts, email information, blogs, online shopping, pictures, and videos. There’s a lot of information out there, and it’s best to understand the entirety of your digital estate before you go any further.

2. Use an online resource or app as a tool to organize your assets

If you haven’t already, consider investing in a password manager app that allows you to store your passwords, usernames, pins, and any other login information in a secure place. There are also free options available, if you prefer. These apps function as a sort of vault for your digital assets. This is an easy way to compile everything so that it can be easily accessible to loved ones. However, be sure to do some thorough research on the company you choose to make sure they have a good reputation.

3. Keep your digital inventory up to date

After you organize your digital information, be sure to update your list or password manager every time you update your passwords or create a new account. Also, don’t include passwords in your will because the will ends up in the public records, which raises safety concerns. However, make sure that your emergency contacts have access to your computer and phone pass codes. Many people forget that their devices (and all the information stored on them) are often inaccessible to loved ones after they die without those very important codes.

4. Review company policies regarding accounts of the deceased

Many companies have a default plan regarding what happens to a customer’s account upon their death. For example, Facebook, Twitter, Instagram, and LinkedIn all have different policies for dealing with a deceased person’s personal information. It’s a good idea to familiarize yourself with each company’s policy, particularly social media accounts, so you can determine the best course of action. For more information, read How to Create a Memorial Page on Facebook and Instagram.

5. Provide instructions on your preferences

Once you have everything organized, appoint a representative who will act on your behalf and follow your instructions regarding your online information. Though username and password information should not go in the will, you can designate your representative in the will and provide general instructions. Be in contact with your representative to make sure that he or she knows where and how to obtain your personal information.

6. Make sure that loved ones know to act fast

Many companies have a legal right to the ownership of your account after you die. In most cases, the account is merely shut down and the material lost. However, if your family members need to access a particular account, they should act fast before the company deletes the account.

If it’s a social media account, your family can gain access to post a final tribute or retrieve photos and videos. If it’s an email, they may be able to transfer information before the account is terminated. However, most major institutions – like life insurance companies and banks – require a death certificate in order to update the account, so you can take your time with those types of businesses.

7. Check your state’s laws

As with so many legal issues, digital estate planning may vary based on the laws of your state. Some states have specific laws for handling the online material of a deceased person. Other states have no such laws regarding these issues. To ensure that you’re doing things according to the book, look into the guidelines of your individual state.

8. Plan ahead

While it’s tempting to procrastinate, everything is much smoother for your family members when your estate is planned and organized. Imagine how stressful it would be to not even know which life insurance company to call when making a claim. With an ever-increasing portion of our lives dedicated to cyberspace, it’s important that you begin to think about the management of your online content. By developing a plan ahead of time and organizing your thoughts and wishes, you can make things easier on your loved ones in the future.

For more useful information about estate planning, check out:

• The 5 Most Important Estate Planning Documents
• Estate Planning for the Blended Family
• How to Make an Estate Planning Checklist
• 6 Items You Shouldn’t Include in Your Will
• 4 Reasons to Keep Your Beneficiaries Up to Date

Most of us know that estate planning is important, but many people don’t take care of their estate planning because they find it intimidating. There are so many estate planning documents to consider, so how do you know where to start?

A checklist is a great place to start! Starting with a checklist can help you track what you’ve already taken care of and what you still need to work on. You can make your estate planning checklist using the points below, or you can download our estate planning checklist here.

DISCLAIMER: Individual circumstances and state laws vary. Only undertake estate planning with the help and assistance of an attorney licensed in your state.

Gather What You Have

For families who have recently lost a loved one, it can be difficult to track down all of the documents they need for death certificates, life insurance, veterans’ benefits applications, and closing an estate. You can help your family by gathering these documents and putting them in a safe, secure location. Important documents include:

• Social Security card
• Birth certificate
• Certificates of marriage, divorce, citizenship, or adoption
• Education records
• Employment records
• Military records
• Property deeds
• Car title and registration
• Medicare/Medicaid information
• Copy of most recent income tax return

Don’t forget to let your emergency contacts know where these documents are stored so they can find them if needed.

Finances

When most people think of estate planning, they usually think of writing a will. A legal will is one way to make your wishes about your assets known; the other option is usually a living trust. Without one of these two plans, the state will distribute your assets, so they may not go to the people you want. Whether you choose to distribute your assets through a will or a living trust is up to you. Talking to your financial advisor or an estate planning attorney can help you pick the right option for you and your family. Plus, an estate planning attorney can help you know what you should and shouldn’t put in your will.

End-of-Life Care Documents

End-of-life care documents determine what will happen to you and your assets if you become incapacitated or unable to make your own decisions. There are two types of end-of-life care documents: powers of attorney and advance care directives.

Powers of attorney (POAs) allow you to choose a person (called an agent) to make decisions on your behalf when you can’t. You can either have a general POA that selects one agent to look over all of your affairs or specific POAs, like healthcare or financial, that give your agent control over one aspect of your affairs.

Advance care directives are documents that let your family know what medical decisions you’re okay with and which you don’t want. These can be separate documents, like DNR or DNI orders, or combined into one document. When choosing what medical procedures you want, make sure your wishes are on file with your doctor.

Digital Assets

One part of estate planning that’s easy to forget is your digital estate! Your digital assets are all your online accounts, rewards points, subscriptions, online bills, and digital photos and videos. Deciding what should be done with your digital assets is an important part of estate planning that shouldn’t be overlooked. Start by making a list of all of your digital assets (see our checklist for a long list of potential assets). After you’ve listed your assets, you’ll need to determine what should be done with each one after you’re gone.

Advance Funeral Planning

Prearranging your funeral is another essential part of your estate plan. Making decisions about a funeral after a loved one’s death can be stressful, especially if your family doesn’t know your wishes. When you preplan, you’ll remove their doubt and uncertainty by answering the many questions they might have. Plus, you’ll have the option to prepay, which can save your family from the stress of waiting for life insurance money to come through. Assets like life insurance and bank accounts can be tied up for weeks or even months, while the funds in a prepaid funeral plan are available right away. To start preplanning, you can call your local funeral home and schedule a time to speak with a funeral director about your wishes.

While creating your checklist, you can always add other things you want to take care of, like taking care of your small business or making plans for minors in your care. It’s also a good idea to consult with an estate planning attorney to learn about your state’s individual laws and your options. Once your estate planning checklist is finished, you’ll be ready to tackle estate planning and ensure everything is taken care of!

No matter what age you are, creating a will is a great way to prepare for the future. A legal will is a document that lays out your wishes for your estate. Without a will, your family may not know your wishes after your death, and your estate will be distributed according to your state’s probate laws, which may or may not fit with your wishes.

Depending on the size of your estate and your wishes, your will may be simple or very complex. But how do you know what you should and shouldn’t include in your will? Speaking with your attorney is a great way to learn about your state’s regulations, but here are 7 items you should avoid putting in your will.

Time-sensitive wishes

After someone dies, it can take weeks or even months before the will is read. Because it can take a while before the contents of your will are known, you shouldn’t include time-sensitive details in your will, especially about your end-of-life care. For example, medical decisions, like Do Not Resuscitate (DNR) orders or organ donations, should be on file with your physician or included in a healthcare power of attorney, not your will.

You should also avoid including your wishes for funeral arrangements in your will. Most funerals typically happen within a week of the death. By the time your will is read, your funeral will likely have already occurred. Instead of discussing your funeral wishes in your will, you can create an advance funeral plan with your local funeral service provider. Let your family know that you have a plan in place with that funeral home. Your funeral service provider will ensure that everything is taken care of just how you want.

Assets with named beneficiaries

When you set up life insurance, a retirement account, a living trust, and other accounts, you may name a beneficiary. The beneficiaries named on these accounts supersede your legal will. If you originally named your son as the beneficiary of your life insurance, you won’t be able to give it to your daughter through your will. If your wishes about who should receive the proceeds from a specific account have changed, you should update your beneficiaries directly in the account, not in your will.

Joint property and accounts

Jointly-owned bank accounts and properties have specific laws and regulations about what happens when one of the owners dies. Some joint accounts or jointly-owned properties allow you to pass the property to the heir of your choice in your will. But if your joint account or property is labeled “with rights of survivorship,” your share in the property will go to the other owner or owners at your death. Property or accounts with rights of survivorship should not be included in your will. If you’re unsure what type your jointly-owned account or property is, please check with your attorney or bank.

Specific accounts

When writing your will, it’s best to avoid naming wishes for specific accounts, like your checking or savings account. This is because your situation may change over time. You may close out accounts or open new ones, or the amount in your accounts may change drastically. If you name a specific account in your will, you’ll need to update your will every time your account changes. Instead, you can bestow a specific amount of money or a percentage of your estate on your chosen beneficiary.

Illegal or unethical conditions

In most cases, you can provide specific conditions that must be fulfilled before your beneficiaries receive their inheritance. For example, you can provide a specific inheritance to your granddaughter for when she graduates college. However, there are limits to what you can ask of your beneficiaries. For example, you can’t include instructions requiring someone to marry a specific person, get divorced, or change their religion. You also can’t make someone do something illegal to receive their inheritance, like using property to grow illegal substances or committing a crime.

Reasons for bequest

While it’s not illegal to include the reasons for bequests in your will, providing reasons for each gift can add unnecessary length to your will. If you want your beneficiaries to know why you’re giving them a specific piece of property, that’s great! Instead of adding that to your will, you can include separate letters with details. A separate letter can also give you the space to share the history behind a specific item, like a quilt your great-grandmother made or your great-uncle’s pocket watch.

Before creating your will, please consult a licensed attorney to ensure you follow your state’s regulations. As you document your wishes in your will, try to keep it as clear and concise as possible. If your wishes are clear and uncluttered, it will be easier for your executor to carry them out. And as life changes, don’t forget to regularly update your will.

DISCLAIMER: Individual circumstances and state laws vary. Only undertake estate planning with the help and assistance of an attorney licensed in your state.

Wouldn’t it be great if estate planning was a “one and done” type of task? If life came without change, then it could be, but we all know change is inevitable. That’s why it’s so important to update your estate plan needs over time, too. While it may seem like a hassle, failing to update your beneficiaries can actually have long-reaching effects that you’ll want to avoid. If you’re not convinced, let’s go over 4 key reasons why keeping your beneficiaries up to date is so valuable!

What is a Beneficiary?

Before we jump into the reasons why it’s so important to update your beneficiaries, let’s first review what a beneficiary actually is. To define the term, a beneficiary is the person or entity that will receive the proceeds of your accounts upon your death. You may name a beneficiary on:

• Last will and testament
• Living trust
• Life insurance policies
• Retirement accounts
• Investment accounts
• Company benefits plans
• Bank accounts
• Pensions
• Veterans’ benefits
• And any other assets you own!

It’s always good to name both a primary beneficiary and a contingent beneficiary. That way, if the primary beneficiary were to die before you, the contingent beneficiary would inherit in their place.

Now that you have an understanding of what a beneficiary is as well as what types of accounts they are associated with, let’s talk about why it’s essential to keep your beneficiary information up to date!

4 Reasons to Keep Your Beneficiaries Up to Date

Reason #1 – Your Relationships Are Going to Change Over Time

If one thing is certain, the relationships in your life are going to change. Whether you’re a young person who hopes to marry one day or you’re an older adult who may eventually face the death of a spouse, things are going to change, and most likely, your listed beneficiaries will be affected.

When you go through a major life change, like marriage, birth of a child, death of a spouse, divorce, etc., make sure you update your beneficiaries. If you don’t, your family may face unintended consequences. Let’s look at a few examples.

Marriage

If you marry and don’t add your new spouse as a beneficiary, your spouse may not inherit anything. Of course, it all depends on who your beneficiaries are. If you are a young person and have always named your parents as beneficiaries, they will hopefully make sure that your spouse is taken care of. Unfortunately, that’s not always the case, especially with estranged relationships. The best route is to update your beneficiaries to include your new spouse.

Divorce

Let’s say you marry in your twenties. You have two children and set up a life insurance policy, naming your then-spouse as beneficiary. Fast forward 20 years. You have divorced and re-married, and now, you have a child with your new partner. If you never updated your beneficiaries on your policy, your ex-spouse would inherit, leaving no proceeds for your current spouse or any of your three children. By updating your beneficiaries as needed, you can avoid this unpleasant situation. For more helpful tips on estate planning for a blended family, click here.

Deceased Beneficiary

In some cases, you may name a beneficiary who happens to die before you. If you don’t update your beneficiary to someone new, it can cause complications down the line and may require your family to go to court to straighten things out. And in some cases, you can’t untangle things, and your family won’t receive your assets.

Even after only a few examples, it’s easy to see how complications creep in quickly. By staying on top of your beneficiary updates, you can ensure that everything goes smoothly for your loved ones.

Reason #2 – Your Beneficiary Designations Supersede Your Legal Will

Did you know that the United States Supreme Court ruled that beneficiary designations supersede the provisions of a will or trust? What does that mean? It means that keeping your beneficiaries up to date is more important than ever before.

Even if you write a legal will, whoever is listed as your beneficiary on the individual accounts is the person who will inherit. So, if you write in your legal will that your spouse should inherit the proceeds of your investment account, but your parent is named as the beneficiary on the account, your parent will inherit, if they are still living. If they aren’t living, things get more complicated from there, and your spouse may need to go to court to receive any proceeds at all.

In situations where there is divorce and re-marriage, it’s essential to update beneficiary information. If you don’t, an ex-spouse may receive support you intended for a current spouse. By keeping things as current as possible, you can prevent headache and heartache for those you love.

Reason #3 – You Eliminate Confusion and Avoid Probate Court

Reflecting back on what we’ve already discussed, it’s easy to see how quickly things can get confusing with your estate plan and beneficiary selection. By keeping your beneficiaries up to date and accurate, you eliminate unnecessary confusion for your loved ones.

By matching up your beneficiary information with your legal will, you can make sure that your intentions are crystal clear. With everything clear-cut and in agreeance, your family can avoid the costly expense of probate court and receive the financial benefit of your accounts much sooner.

Reason #4 – You Ensure Your Loved Ones’ Financial Security

Without the correct beneficiaries listed on your financial accounts, the wrong person may receive the proceeds of your hard work. To ensure that your loved ones receive everything you want them to, it’s best to stay on top of your beneficiary information. The last thing your loved ones need after your passing is to untangle your legal affairs and possibly go to court to ensure their own financial security. And even in court, they may not win because many beneficiary mistakes are irreversible.

What’s Next?

Now, it’s time to go check your accounts and make sure that your beneficiary information is accurate and up to date. Has your beneficiary moved or died? Have phone numbers changed? Are your relationships different now? Would like someone else to inherit? All of these things could trigger the need to update your beneficiary information.

While it would be great if you could do everything once and be done, life isn’t always that straightforward. Consider reviewing your beneficiary information every two – three years (or whenever you have a significant life change), so that you don’t fall into this common estate planning mistake. Instead, you will protect your family’s interests and well-being, both today and in the future.

DISCLAIMER: Individual circumstances and state laws vary. Only undertake estate planning with the help and assistance of an attorney licensed in your state.