Every new year brings an opportunity for a fresh start. While many people focus on resolutions like eating healthier or saving money, one resolution that can make a lasting difference is updating or creating an estate plan. At The Estate Planning Law Center, we’ve seen firsthand how an outdated plan can cause more harm than good. Take the case of John and Carol. They created their estate plan over 20 years ago when their children were young, and their assets were minimal. But life changed—new properties, grandchildren, and shifting family dynamics. When John passed away last year, Carol discovered their outdated plan created unnecessary complications: The vacation home they purchased wasn’t included in their trust, so it went through probate. Their adult children weren’t properly listed in their documents, creating confusion over asset distribution. No updated healthcare directives meant Carol had to petition the court for decision-making authority. By contrast,
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For your estate plan to meet your needs, it must be kept up to date. We recommend having your plan reviewed at least once every two years, but there are certain situations where you should have your plan revised immediately. Here are some of the most common reasons to do so. You get married. Getting married, or re-married, doesn’t automatically change the provisions of your will or trust. While marriage can give each spouse some rights with regard to one another’s property, you should have your plan revised to make sure it addresses your new goals and those of your spouse. You get divorced. Providing for your spouse is likely one of your estate plan’s most important goals. If your marriage ends, chances are you will no longer want your spouse to receive the majority of your estate. You should update your plan as soon as possible after a divorce
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