04/08/2026
Procrastination is probably the #1 obstacle to creating one's legal estate plan, right? For some, cost can also feel prohibitive.
But there's a third reason that lurks in the weeds: not knowing the full range of a plan's benefits and thus the feeling "I don't need a plan yet."
Generally, there are five good reasons to create a plan once you reach legal adulthood.
1. At the center of your plan is your will, or will-trust combination, that specifies an orderly process for who you wish to get your stuff and when, and who manages your estate settlement. Wills by themselves are a fancy request form for a probate judge's review. An accompanying trust is a private contract that promptly transfers assets owned by the trust without government oversight.
Both documents are riddled with hidden opportunities to prepare them incorrectly. Mistakes can be exceptionally consequential. Professional help is recommended.
2. Healthcare Directives. These documents give you the vehicle to decide in advance the type of health care you want (or don't want) if you're unable to decide for yourself.
3. Powers of Attorney (POA), both financial and medical. These documents are intended to assign authority to another person to make decisions for you while you're living if you can't make them yourself, and, if these decisions are not already covered by existing documents such as a trust or living will. However, banks and hospitals don't necessarily have to honor your POA if their attorneys don't like your POA form. So, run your POAs past your institutions while you're legally competent to revise your document or sign their acceptable POA form.
4. Beneficiary designations and joint ownership. Some assets have a provision for you to assign ownership in the event of your passing. Court approval is typically not involved. These assets could include bank accounts, life insurance policies, retirement accounts, homes, and vehicles. Review your beneficiaries annually, and immediately if you get divorced.
5. Guardianship for custody of your minor children. A judge will need to approve your legal guardianship arrangement either in a previous custody agreement or in your will, so this provision won't appear in your trust. If you have minor children and no guardianship, please put down your coffee mug and make a phone call to get that process started...well, unless you want a court to decide who will care for your kids if you're unable to. Be sure that your guardianship arrangement specifies alternate guardian candidates and then review this document annually.
Finally, as a related matter, your estate planning needs to include funding for both your estate settlement costs and your lost income for those currently depending upon it. The funding solution can often be an affordable term life insurance policy.
Disclaimer: this post is for educational purposes only. Consult an attorney before making legal decisions.
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