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Failure to Plan
Failure to Plan
Too Many People Don't Plan
People put off estate planning for many reasons. They may think they don't own enough, are not old enough, are too busy, have plenty of time, are confused and don't know who they can trust to help them, or just don't want to think about it. Then, when something happens to them, their families have to pick up the pieces.
If you don't have a plan, the State has one for you, but you probably won't like it
At disability: If your name is on the title of your assets and you can't conduct business due to mental or physical incapacity, only a court appointee can sign for you. The probate court will appoint a conservator who will control how your assets are used to care for you and a guardian to make your personal care decisions. It can become expensive and time consuming, it is open to the public, and it can be difficult to end even if you recover.
At Your Death
If you die without an estate plan, your assets will be distributed according to state probate laws. If you are married and have children, your spouse and children will each receive a share. Exactly what those shares are depends on whether you have children with your current spouse and whether you have children from prior marriages. In any case, your spouse could receive only a fraction of your estate, which may not be enough to live on. If you have minor children, the probate court will appoint a conservator to take control of their inheritance. If both parents die (i.e., in a car accident), the court will appoint a guardian to raise your minor children without knowing whom you would have chosen.
Given the choice—and you do have the choice—wouldn't you prefer to make these decisions yourself and to have these matters be handled privately by your family, not by the courts? Wouldn't you prefer to keep control of who receives what and when? And, if you have young children, wouldn't you prefer to have a say in who will raise them if you are not there?