With your estate plan successfully implemented, one final but critical step remains: carrying out a periodic review and update.
| |
Conducting a Periodic Review of Your Estate Plan
With your estate plan successfully implemented, one final but critical step remains:
carrying out a periodic review and update.
Imagine this: since you implemented your estate plan five years ago, you got divorced
and remarried, sold your house and bought a boat to live on, sold your legal practice
and invested the money that provides you with enough income so you no longer have
to work, and reconciled with your estranged daughter. This scenario may look more
like fantasy than reality, but imagine how these major changes over a five-year
period may affect your estate. And that's without considering changes in tax laws,
the stock market, the economic climate, or other external factors. After all, if
the only constant is change, it isn't unreasonable to speculate that your wishes
have changed, the advantages you sought have eroded or vanished, or even that new
opportunities now exist that could offer a better value for your estate. A periodic
review can give you peace of mind.
When should you conduct a review of your estate plan?
Every year for large estates
Those of you with large estates (i.e., more than the federal or your state's
exclusion amount, whichever is smaller) should review your plan annually or at certain
life events that are suggested in the following paragraphs. Not a year goes by without
significant changes in the tax laws. You need to stay on top of these to get the
best results.
Every five years for small estates
Those of you with smaller estates (under the applicable exclusion amount) need only review every five years or following
changes in your life events. Your estate will not be as affected by economic factors
and changes in the tax laws as a larger estate might be. However, your personal
situation is bound to change, and reviewing every five years will bring your plan
up to date with your current situation.
Upon changes in estate valuation
If the value of your estate has changed more than 20 percent over the last two years,
you may need to update your estate plan.
Upon economic changes
You need to review your estate plan if there has been a change in the value of your
assets or your income level or requirements, or if you are retiring.
Upon changes in occupation or employment
If you or your spouse changed jobs, you may need to make revisions in your estate
plan.
Upon changes in family situations
You need to update your plan if: (1) your (or your children's or grandchildren's)
marital status has changed, (2) a child (or grandchild) has been born or adopted,
(3) your spouse, child, or grandchild has died, (4) you or a close family member
has become ill or incapacitated, or (5) other individuals (e.g., your parents) have
become dependent on you.
Upon changes in your closely held business interest
A review is in order if you have: (1) formed, purchased, or sold a closely held
business, (2) reorganized or liquidated a closely held business, (3) instituted
a pension plan, (4) executed a buy-sell agreement, (5) deferred compensation, or
(6) changed employee benefits.
Upon changes in the estate plan
Of course, if you make a change in part of your estate plan (e.g., create a trust,
execute a codicil, etc.), you should review the estate plan as a whole to ensure
that it remains cohesive and effective.
Upon major transactions
Be sure to check your plan if you have: (1) received a sizable inheritance, bequest,
or similar disposition, (2) made or received substantial gifts, (3) borrowed or
lent substantial amounts of money, (4) purchased, leased, or sold material assets
or investments, (5) changed residences, (6) changed significant property ownership,
or (7) become involved in a lawsuit.
Upon changes in insurance coverage
Making changes in your insurance coverage may change your estate planning needs
or may make changes necessary. Therefore, inform your estate planning advisor if
you make any change to life insurance, health insurance, disability insurance, medical
insurance, liability insurance, or beneficiary designations.
Upon death of trustee/executor/guardian
If a designated trustee, executor, or guardian dies or changes his or her mind about
serving, you need to revise the parts of your estate plan affected (e.g., the trust
agreement and your will) to replace that individual.
Upon other important changes
None of us has a crystal ball. We can't think of all the conditions that should
prompt us to review and revise our estate plans. Use your common sense. Have your
feelings about charity changed? Has your son finally become financially responsible?
Has your spouse's health been declining? Are your children through college now?
All you need to do is give it a little thought from time to time, and take action
when necessary.
|