Things should be simple. I have a three-year old, and I am fortunate enough to be able see the world through his eyes – simple. His world consists of wheels on a bus going round and round, when you are happy, clap your hands and the cows on the farm say, “Moo” – E I E I O.
We want our estate plan to be simple too. But what does that really mean? I think we mean that we want our plan to be easy to administer when the time comes. We do not want to be an undue burden on our loved ones – the people we have selected to be the administrators/trustees/executors of our estate.
We want our plan to be simple.
If my son was drafting a plan, he might write, “Mommy and Daddy are in charge. Mommy is to get Piggy, and Daddy is to get my trucks.”
This is a great plan, in a simple world. Unfortunately, we do not live in a simple world. There are many variables and many unknowns as we move our way along life’s path.
In my son’s plan, what happens if “Piggy” is replaced? Does Mommy get the replacement? Do Mommy & Daddy have to agree on everything, or can they act independently? What happens if they don’t agree on a course of action?
In my son’s simplicity, he created a lot of complexity!
As an estate planning attorney, my job is not to keep the page count low. My job is to achieve the actual goal of making it as easy as possible for your loved ones to work through your estate when the time comes.
This means that a well drafted estate plan contemplates as many of the potential variables as possible, and builds in the flexibility to handle those instances that were not contemplated. It is a complicated process on our end to make it as “simple” as possible on your end! That is an important part of the value in an estate plan.
I hope my son’s simplistic world view lasts as long as possible. But this means he should not be drafting an estate plan any time soon – That’s daddy’s job!
Contributed by MH Estate Planning Attorney James P. Plitz
What the Attorneys of Morris Hall Can Do For You:
The attorneys at Morris Hall have 100’s of years of combined experience ensuring that families’ assets are protected from probate, unnecessary taxes, creditors, ex-spouses and Medicaid spend-down. The attorneys also help those in Arizona to apply for and receive Medicaid assistance and Veterans Benefits. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead. Contact us today at 888.222.1328 to schedule an appointment!
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.