With the new year in motion, it's time to stop pushing those thoughts aside and take action to protect the people you love most. Many people avoid estate planning because they think it will be complicated, expensive, too time-consuming, or emotionally challenging. But the truth is, not having a plan, or having an out-of-date plan, is far more costly – financially,  emotionally, and time-wise – for the people you love.

Let's take a look at five things you can do right now to create lasting peace of mind.

STEP 1: GET FINANCIALLY ORGANIZED

One of the biggest challenges people face after losing a loved one is trying to piece together their financial life. Where are all the accounts? What insurance policies exist? What bills need to be paid? Without proper organization, your family could spend months or even years trying to track everything down. Worse yet, anything they don’t find will be turned over to the State Department of Unclaimed Property, where there are approximately $60 billion in lost assets nationwide.  

But here's the truth: cutting corners with DIY legal documents can lead to serious consequences that could cost you much more in the long run. DIY documents often fail to cover all the necessary bases, from missing crucial legal protections to exposing yourself to legal liabilities. And, when they fail, the cost is far higher than the cost of working with a lawyer who will counsel you, prepare documents for you that meet your specific needs, and be there for you when a conflict or dispute arises.

Let’s dive into why you should think twice before relying on these shortcuts for your business and why it’s a wise investment to work with a trusted advisor.

1 | OMITTING CRUCIAL LEGAL PROTECTIONS

When you use a DIY legal document, you’re relying on a generic template that might not consider your business's unique needs. Legal documents are not one-size-fits-all. Each business has specific risks and requirements that must be addressed, and using a standard template leaves you exposed. 

In this second installment of a two-part Q & A series, I’ll break down the key differences between your primary estate planning options and explore practical ways to ensure your family is protected, no matter what the future holds. So, let’s dive in, beginning with a question about the basic estate planning documents.

Q: WHAT IS THE DIFFERENCE BETWEEN A WILL, LIVING TRUST, AND DYING INTESTATE? AND WHAT DOES THAT MEAN, PRACTICALLY SPEAKING?

A: If you die without an estate plan, you do have a plan - it’s just the plan chosen for you by the state, and you may not like it. Almost certainly, your loved ones won’t like it because it means they’ll likely need to deal with a court process called “probate.” When you die without a will, it’s called dying “ intestate,” and it means that your assets are distributed according to state law after a process in which a judge decides who gets what. This could mean your assets would not go to the people you choose in the way you choose, and your family could face a lengthy, expensive, and public court process during an already difficult time.

Let's explore why self-care isn't just a luxury - it's a fundamental business strategy for sustainable success.

THE HIDDEN COST OF NEGLECTING SELF-CARE

Many business owners wear their exhaustion like a badge of honor, believing that working longer hours and sacrificing personal time somehow equals greater success. However, this approach often leads to diminishing returns. When you're constantly running on empty, your decision-making suffers, your creativity wanes, and your ability to lead effectively declines.

Consider how fatigue affects your business operations. Are you making clear-headed decisions in your afternoon meetings? Can you truly innovate and problem-solve when you're running on four hours of sleep? The truth is, chronic stress and burnout don't just impact your health - they directly affect your bottom line through decreased productivity, poor choices, and missed opportunities.

Without the proper estate planning, just locating and accessing your digital assets can be a major headache—or even impossible—for your loved ones following your incapacity or death. And even if your loved ones can access your digital property, in some cases, doing so may violate privacy laws or the terms of service governing your accounts. Plus, you may also have certain digital assets that you don’t want your loved ones to inherit, so you’ll need to take steps to restrict or limit access to those assets.

There are a number of special considerations you should be aware of when including digital assets in your estate plan, and this series addresses each one. Last week in part one, we discussed some of the most common types of digital assets and the current legal landscape governing what happens to those assets upon your death or incapacity. Here, we offer some practical tips to ensure all of your digital assets are properly included in your estate plan, so these assets can provide the most benefit for your loved ones for generations to come.

Without the proper estate planning, just locating and accessing your digital assets can be a major headache—or even impossible—for your loved ones following your incapacity or death. And even if your loved ones can access your digital assets, in some cases, doing so may violate privacy laws or the terms of service governing your accounts. Plus, you may also have certain digital assets that you don’t want your loved ones to inherit, so you’ll need to take steps to restrict or limit access to those assets.

Indeed, there are several special considerations you should be aware of when including digital assets in your estate plan. Here we’ll discuss the most common types of digital assets, along with the current laws governing them, and then we’ll offer some practical tips to ensure your digital property is properly accounted for, managed, and passed on in the event of your incapacity or death.

In this first installment of a two-part series, I’ll answer the most common questions about asset ownership and management. I’ll also outline ways in which you can make things as easy for your family after your death. So let’s dive in, beginning with a question about joint assets.

Q: WHAT'S THE DIFFERENCE BETWEEN JOINT OWNERSHIP AND TRANSFER-ON-DEATH DESIGNATION?

A: Joint ownership means both parties have full access to and ownership of a specific  account or piece of real estate, while living. When one owner dies, the surviving owner automatically receives full ownership.

This can be convenient but comes with risks - a joint owner can withdraw all the money at any time, and the account could be vulnerable to either joint owner’s creditors or legal judgments.

On the other hand, transfer-on-death (TOD) or payable-on-death (POD) beneficiary designations give you sole control during your lifetime. Your designated beneficiary has no access or rights to the account while you're alive but receives the assets automatically upon your death. This arrangement prevents another person from accessing your assets while you’re alive and also avoids the court process (called probate) after you die. 

Whether you want to establish a scholarship fund, support medical research, or help your local community, thoughtful charitable planning can maximize your impact while potentially providing tax benefits for your heirs. 

Since this time of year invokes a desire to give to those less fortunate, and take advantage of tax benefits, let's explore how you can do that by including charitable giving in your Life & Legacy Plan.

UNDERSTANDING YOUR CHARITABLE GIVING OPTIONS

When it comes to charitable giving through your estate plan, you have several options to consider.

The key is finding the approach that best aligns with your values, goals, and overall estate planning strategy. Some common methods include:

In this time of political transition, comprehensive estate planning becomes crucial for these families, who may face changes to their legal rights and protections. Recent political developments have heightened concerns about potential changes to LGBTQIA+ rights, healthcare access, and educational protections. While we can't predict future legal changes, we can create strong safeguards through careful planning - just in case. Let’s dive in to find out how.

UNDERSTANDING THE STAKES FOR LGBTQ+ FAMILIES

Recent political shifts have shown how quickly federal protections can change. The incoming administration has indicated plans to roll back various LGBTQIA+ protections (see here and here), including changes to Title IX interpretations and healthcare access. While marriage equality currently remains protected by federal law, LGBTQIA+ families may want to consider creating multiple layers of legal protection independent of federal policy.

With anticipated changes on the horizon and favorable conditions that won't last forever, understanding your options has never been more critical. 

In this two-part series, we’ll explore what we know for certain, what remains unclear, and most importantly - what you can do about it. Next week, we’ll look at strategies for protecting loved ones who may be especially vulnerable in the coming years. But this week, our focus is on taxes, interest rates, and asset protection. Let’s dive in.

WHAT WE KNOW ABOUT TAXES AND INTEREST RATES

Here’s what we know for sure: The current estate planning environment offers some significant advantages that won't last forever. The estate tax exemption for 2024 sits at $13.61 million per person ($27.22 million for married couples) - the highest it's ever been. That number increases in 2025 to $13.99 million per person (or $27.98 million for married couples). This means you can transfer substantial wealth to your loved ones without triggering federal estate taxes. This creates a once-in-a-lifetime opportunity for many families to secure their legacy and protect their assets from future estate tax exposure.