Eight Steps to Get Your Estate Plan in Order

August 23, 2024
Senior Wealth Planner Ross Bruch lays out an eight-step guide for getting your estate plan in order.

While estate planning can be complex and emotionally taxing, it is important to be proactive, both for yourself and for loved ones. Here are a few items we recommend you consider when working through your affairs.

You should have your basic documents (a will, healthcare directive, and power of attorney) already in place. If you don’t, this is an important place to start. If these documents have already been drawn up, they should be reviewed for accuracy to confirm they are still consistent with your wishes and the current tax environment.

This is a good opportunity to map out the flow of your plan and compare it to your current net worth to ensure the right “buckets” are still being funded with the right assets. Reviewing the flow of assets will also provide a foundation for discussing the structure with your advisors and loved ones, when appropriate. If anything in your plan is unclear, consider reaching out to a BBH wealth planner or your estate attorney to help you better understand your documents.

In addition to reviewing your general plan, confirm that the names of your designated beneficiaries and fiduciaries are accurate. Although most of your assets will pass under your will or through trusts that you have created, other accounts such as retirement or life insurance may pass directly to a named beneficiary (or contingent beneficiary). If your planning circumstances have changed since you first created these designations, update them accordingly. The same rule applies to your fiduciaries. An individual who was the appropriate person to name as a trustee 20 years ago may no longer be the ideal fiduciary for your loved ones.

Use this review period as an opportunity to re-examine your relationships and who is best suited to serve in these important roles, as they are among the most important considerations in estate planning. 

Periodically examining your life and property insurance policies to ensure they still offer adequate coverage and meet the needs of their intended purpose is a worthwhile exercise to undertake in any environment. As your wealth increases, the planning purposes behind a term policy for risk mitigation purposes or a whole life policy to ensure ample liquidity upon your death may no longer be necessary. On the other hand, if the value of your assets has grown, you may need to re-examine if the property coverage you have in place is enough to minimize your increased potential liability.

Even if you take the appropriate amount of care to ensure your loved ones have adequate resources under your estate plan, it is important to understand that the estate administration process can at times be slow and clunky. Although rare, it is possible that an individual may not have immediate access to liquidity after his or her spouse’s death depending on how assets are titled. A temporary (but significant) burden can be avoided by confirming that at least some liquidity will be titled in or directly available to your spouse after you have passed.

One of the most difficult steps in the estate administration process is locating a decedent’s assets. Prior to the use of the internet for a majority of our financial transactions, it was easy for an executor to locate accounts simply by waiting for statements to arrive by mail.

To make this process easier for loved ones, compile a list of:

  • Your accounts (for example, checking, savings, investment, retirement, and life insurance)
  • Your property of significant value (such as artwork, collectibles, and real estate interests)
  • Your liabilities
  • A contact person at each relevant financial institution

This exercise will also serve a dual role by helping you and your advisors gain a clearer picture of your net worth (as mentioned in the first step).

In addition, compiling all of your information can help clarify if and where it makes sense to consolidate assets while helping you evaluate the best fit for your current professional relationships. Make the list easily accessible to your next of kin should they need it (omitting account values if you are concerned someone will access it prematurely), and – most importantly – make sure it is updated any time an account is opened or closed.

As you examine your balance sheet for completeness, remember to include any digital assets in your planning. Items such as digital photographs/videos, social media accounts, music, and digital currency tend to be very important but often overlooked with respect to access and ownership post-death. At best, accessing a decedent’s email and online accounts can be challenging, and may be a violation of the provider’s terms of service; at worst, it could be against state or federal law.

Rather than sharing passwords or account access, consider adding a “digital assets clause” to your planning documents if you do not already have one in place. This language will allow named parties to access specific items within the bounds of currently accepted legal standards.

Regardless of how well-thought-out and intended your estate plan may be, there is always room for confusion, feelings of disregard, or potential conflict when it comes to executing the details. It can be prudent to put pen to paper to fully express your intentions and hopes. In our experience working with individuals and their families, these wishes are not only appreciated by families, but can also help open a dialogue that may have not otherwise taken place.

After you have completed your review, make a commitment to repeat the process on a regular basis. Set up a calendar reminder now to give yourself an annual financial and planning checkup.

If you have any questions about getting your affairs in order, please reach out to your BBH relationship team.

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