
WINTER 2004/2005 ISSUE
TAKE THE TIME TO UPDATE YOUR WILL
By some accounts, 70% of adult Americans do not have a
will. If you at least have gone to the trouble of getting
a will, consider yourself ahead of the curve and pat yourself
on the back. Then come back to earth and understand that
your work is not completely done. A will is not a static
instrument. To serve its purposes, it must keep current
with life changes, including an individual's financial
circumstances, and with some external factors, such as
tax laws. With the help of a professional, you should
periodically review your will, staying alert to new or
different circumstances that might call for updates.
Marriage, Divorce, and Remarriage
Obviously, a marriage usually brings a new beneficiary
into the picture, and a divorce may remove one. Some
of the changes in a will prompted by a change in marital
status may not be so apparent. For example, when a widow
or widower remarries, the will may need to be updated
to show how children from the previous marriage and
the new spouse are to be provided for.
Additions and Subtractions
A new child is a new beneficiary, but a will can and
should cover more than just the distribution of property
to heirs. Parents can name a guardian, and even an alternate
guardian, to care for their children in the event that
something happens to both parents. Absent such a provision
in a will, a court will appoint a guardian.
The death of an executor, guardian, beneficiary, or
trustee creates a gap in how the will is supposed to
operate. Fill in the gaps by making necessary changes,
such as naming a new individual or, in the case of a
deceased beneficiary, simply removing the lost beneficiary
from the will.
Changing Fortunes
If you enjoy an unexpected windfall, you may still want
the larger pie divided up as before. But it is likely
that some changes in your will are called for. If the
increase in the potential estate is large enough, it
might trigger the need for planning to avoid or minimize
estate taxes. A reversal of fortune also could suggest
some changes. For example, you may have to revise downward
that fixed sum you were planning to leave to a favorite
charity.
Moving Out of State
You will not have to start from scratch if you move
to another state, because all of the states recognize
a will that was properly created in another state. Nonetheless,
legal advice should be sought in the new state because
changes in the law from state to state could require
some tinkering with the will. There may be more than
tinkering involved if you move to or from a community
property state.
Changes in Tax Laws
The Government's intentions can change even if your
intentions have not. Some of the changes benefit individuals
with wills, but you can take full advantage of them
only if you are aware of them. The big item here is
the schedule of changes to the federal estate tax exemption,
which is the amount an estate can reach before it is
subject to a (hefty) estate tax. The good news is that
the exemption is headed up. It goes from the current
$1.5 million to $2 million in 2006.
You Change Your Mind
If you decide you want to change beneficiaries, a guardian,
an executor, or anything else in a will, you can do
so. For example, you want to make sure that the beneficiaries
in your will are the same as the beneficiaries you have
named in your insurance policies and retirement accounts.
Otherwise, the beneficiaries actually named in those
documents will get the money from them, not the beneficiaries
under the will. Bear in mind that no amount of talking
about your new intentions will make them happen. The
changes must be indicated in a properly executed will.
You should keep the finished (at least until the next
update) product in a safe place. When "they"
say "keep this with your important papers,"
think of your will. Your family should know where to
find the executed will. An unsigned copy of your will
in its latest form is a good starting point for the
next periodic review.
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