When Is the Best Time to Establish a Simple Will or Trust?
Planning ahead through establishing simple wills and trusts is a great way to set your mind at ease. Life it to short and you never know what lies ahead.
Typically, the last thing people want to think about is establishing a simple will or trust. Parents with young children are often busy and avoid making an estate plan a top priority. The years can quickly pass by, leaving families with nothing in writing identifying how they would like their estate handled, their property distributed and even who they would like named guardian of their children based on an unexpected circumstance.
Understandably, clients often wonder when is the best time to begin planning for the future. As a rule of thumb, I recommend for parents to consider establishing a simple will or trust the first time they plan time away without their children. This is an ideal opportunity for parents to list in writing a guardian for their children, if anything were to happen to them.
Establishing a will or trust early on can provide families with the peace of mind knowing that important details are covered. Ultimately, a simple estate plan can help families avoid potential disputes with a clear understanding of how the transfer of property and other important details of an estate plan should be handled.
The only time that you can prepare and implement an estate plan is while you are alive and have legal capacity to enter into a contract. If you are unable to manage your own affairs or suffer from some other disability that affects your legal capacity, your estate plan may be effectively challenged. Others may assert that you lacked capacity at the time you created the plan, or that you were subjected to fraud, coercion, or undue influence during the creation and implementation of your plan.
To prevent these kinds of challenges, the best time to start an estate plan is now, while you have the capacity to do so.
Do I need a trust if I’m young and healthy?
YES!!!. At this stage in your life, your main estate planning goals are probably making sure that in the unlikely event of your early death, your property is distributed how you want it to be and, if you have young children, that they are cared for. You don’t need a trust to accomplish those ends; writing a will, and perhaps buying some life insurance, would be simpler.
You should have an estate plan if:
- You are the parent of minor children
- You have property that you care about
- You care about your health care treatment.
If you do not have minor children, do not care about your property, and have no concerns about your health care treatment, then you do not need an estate plan. But if you meet any of these categories above, you should have an estate plan.
Contact for Assistances
If you need help preparing and organizing affairs, or have questions please seek a trusted professional. Feel free to visit us as well.
Melissa M. Van, EA at info@aabsinc.com or visit www.aabsinc.com
FOOTNOTE: Excerpts re posted from the www.aabsinc.com website written by CPA site solutions.






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