FINANCE It’s never to late to start ESTATE PLANNING by Olivia S. Chiong, Esq. New Year’s resolutions. We make them and try to keep them. Whether it’s getting into shape, spending more time with our family, or finally cleaning out the guest room closet, resolutions usually make it to the end of January. It’s not too late to accomplish one resolution that is often left neglected — establishing an estate plan. Regular meetings with your financial advisor and accountant are important to help secure your family’s financial future, but meeting with an estate planning attorney is a vital part of any financial plan. After all, even the best investment strategy is meaningless if your carefully managed assets are lost due to an ineffective, inappropriate, or nonexistent estate plan. A comprehensive estate plan addresses three major concerns. 1) Arrange your assets so they most effectively and efficiently pass to your intended beneficiaries. 2) Protect the inheritance of any special needs beneficiaries such as a disabled child or grandchild. 3) Plan for the possibility of your future incapacity or illness to best ensure that your estate planning desires will be carried out. Usually, the first step when meeting with your estate-planning attorney is an initial consultation to review your current assets and estate planning goals. A firm should provide clients with a questionnaire to complete prior to consultation. This allows the planner to understand the client’s unique circumstances. That way the meeting can be more productive and focused on how to best address the client’s concerns. At a minimum, every estate plan should include a last will and testament and a set of advance directives. While it is often advisable to title assets jointly or in payable on death accounts so as to avoid probate, having an up-to-date Will provides a valuable safety net should direct inheritance methods fail (if, for example, one of your beneficiaries predeceases you) as well as providing a method to handle any unforeseen assets that become part of your estate such as a wrongful death settlement. Advance directives allow you to designate who you wish to handle your legal, financial, and medical affairs if you cannot handle them yourself. Advance directives are tailored to the needs of the client and usually include a general and durable power of attorney, a designation of health care surrogate, and a living will. An elder law and estate planning firm must be mindful of factors that can impact a client’s estate planning goals, such as the possibility of long-term care in an assisted living or skilled nursing facility. Often, firms can help clients qualify for public benefits like veteran’s benefits or Medicaid, while maintaining their estate planning desires, to the extent possible. What if you already have an estate plan in place? You’re ahead of the game. But life is not static. It is recommended that you review your estate plan every two to three years or after major life changes, such as the birth of a child or grandchild, the passing of a loved one, or a change in your health. January is over, but it’s not too late to make <strong>2018</strong> the year you address your estate planning needs. Then you can finally get to work on the guest room closet. P Olivia S. Chiong is an associate at Feldman & Feldman, Counsellors at Law, P.A. Her practice focuses on elder law, estate planning, probate and trusts, and guardianship. 60 MARCH <strong>2018</strong>
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