Your will and power of attorney is
nestled in your safe deposit box. Your living will is in your
file at your doctor's office. You feel prepared for all the
uncertainties that life can fling at you.
But are you really as prepared as you
hope you are? If your will is yellowing with age, if your
power of attorney has your old address on it and your living
will contains outmoded and legally problematic language like
"heroic measures," then consider updating your documents.
Three circumstances can prompt an
update: Changes in your life situation, changes in your
family, and changes in the law.
Have you recently married? Divorced?
Are you newly retired? Have you been told that you have a
suddenly shortened life expectancy? Did you just win the
lottery? Did you just start a new business, or did your old
business just go down the drain? Or both?
In any of these and many other
circumstances, a review and update of your estate plan is
warranted.
If your children have all left home,
or a parent has taken up residence with you; if you have just
downsized from a house to a condo or retirement facility, or
if you're the one moving in with your children, you need to
review and revise your plans. Likewise, the death or
relocation of a trusted family member or friend who was to
serve as trustee, executor or agent should prompt a review and
revision of your plans. Estrangement or reunion with children
or parents, birth of your first child or grandchild can all
prompt a rethinking.
In 2004, Congress enacted the medical
records privacy laws (HIPAA). If your power of attorney,
living will, medical directive or trust requires a
certification of your incompetency before your agent or
trustee takes authority, those documents might have become
ineffective. Consider redrafting them.
In that same year, the Maryland
General Assembly reduced the amount of money a Maryland
resident can give tax-free at death. If your estate (combined
with your spouse's estate if you are married) exceeds one
million dollars, including equity in real estate, death
benefit of life insurance, investments and retirement plans,
you might have a new-found tax problem.
The tax on an estate of $1.5 million
is nearly $64,000; the tax on a $2.0 million estate is about
$90,000. If you are fortunate enough to have enough of an
estate that the government wants to help itself to a portion
at your death, consider tax planning to avoid or reduce that
drain on your hard-earned assets.
Seasons change, some suddenly and some
gradually. Be sure your planning reflects your reality as you
live life to the fullest.