You have worked hard for years, have family members and friends you care about, and have approached a time in your life when “estate planning” sounds like something you should do, but you are not exactly sure why. You may feel that you are not wealthy enough or not old enough to bother or care. Or you may already have a Will and feel that you are all set. Whatever your current position, consider these common misconceptions about estate planning that could cause you to neglect the very planning which would protect yourself and those you care about most:
- Estate planning is for wealthy(ier) people.
False. Anyone who has survived to age eighteen years of age, and beyond, has likely accumulated possessions that are of some monetary or sentimental value. While things, like your home, your car, and financial accounts are self-evident assets, you may have a collection of particular items that also deserve proper attention. There is no minimum asset value required to justify having a Will, especially since there are many low-cost options
- Estate planning is for old(er) people.
False. Tragedy can strike at any moment, to anyone, and everyone needs to have their affairs in order, so loved ones do not have to needlessly suffer more than they already are, by daunting financial or bureaucratic processes, while they are grieving. Young parents should ensure that proper guardians are in place to take care of their children if they are no longer around, to prevent their children from ending up with the most irresponsible member of the family or, worse, a complete stranger. A Will is the document you use to express who you want to take care of your children if something happens to you.
- Estate planning means having a Will.
False. Having a Will is smart because it puts you in charge of the decision-making process of who gets your belongings when you are gone. A Will allows you to pick your executor (the one(s) who will manage your belongings when you are gone), designate the guardians for your minor children, and name any individuals and charitable organizations as beneficiaries of your estate. If you were to pass away without a Will (i.e., intestate), the law of the state where you reside at your death would decide who receives what part of your estate, who distributes your estate, and who takes care of your children. There are some situations where state law may override the provisions in your Will (e.g., a spouse’s elective share), but for the most part, you are in the driver’s seat when you do the right planning.
However, a Will is only one tool in the estate planning toolbox. There are other planning options that allow you to remain in control of your possessions and family’s future during life and upon death. Depending on your situation, a Will alone may not be the most efficient or the most cost-effective means to achieve your goals and wishes. Depending on your situation, there are many planning options to best protect you and those you care about, but you need a trusted advisor to help educate and guide you through this complicated process.
Monet Binder, Esq., has her practice in Queens, dedicated to protecting families, their legacies, and values. All halachic documents are approved by the Bais Havaad Halacha Center in Lakewood, under the direction of Rabbi Dovid Grossman and the guidance of Harav Shmuel Kaminetsky, shlita, as well as other leading halachic authorities. To learn more about how a power of attorney can help you, you can send her an email at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 718-514-7575.
The information in this article is intended solely for your information. It does not constitute legal advice, and it should not be relied on without a discussion of your specific situation with an attorney.