Tuesday, October 13, 2026

Column · @theestateplanningjournal

Why Estate Planning Matters for Your Family's Future

Filed by @theestateplanningjournal

When I sat down with my parents a few years ago to talk about their will, I expected a short conversation. They were in their sixties, healthy, and had a modest house and a small investment account. I thought the whole thing would take an afternoon. Instead, it took three sessions spread over two months, and I learned more about their values, debts, and fears than I had in the previous thirty years. That experience taught me that estate planning is not just about signing papers. It is about understanding what you own, who you trust, and what you want to happen when you cannot speak for yourself.

Many people put off estate planning because they assume it is only for the wealthy or the elderly. That assumption costs families time, money, and peace of mind. I have seen a family lose a vacation home because the owner died without a trust and the heirs could not agree on how to split it. I have watched a mother fight her brother for five years over a coin collection because their father left no instructions. These are not rare stories. They happen every day in every state. The good news is that most of them are avoidable with a few hours of focused work.

What Estate Planning Actually Covers

Estate planning is a broad term that includes wills, trusts, powers of attorney, health care directives, and beneficiary designations. Each piece serves a different purpose, and together they form a safety net. A will names who gets your property and who will care for your minor children. A trust can help you avoid probate, which is the court process that can tie up assets for months or years. A power of attorney lets someone you trust handle your finances if you become incapacitated. A health care directive tells doctors what kind of treatment you want if you cannot communicate.

One area that surprises people is digital assets. I once helped a neighbor whose husband died suddenly. He had a cryptocurrency account, several email addresses, and a small online business. She could not access any of it because she did not have the passwords and he had not left a list. It took her eight months and a lawyer to get control. A simple document listing digital accounts and instructions would have saved her thousands of dollars and months of stress. Estate planning now must include these digital pieces or you risk losing them forever.

Common Mistakes People Make

The biggest mistake I see is doing nothing. About half of American adults do not have a will. That number is even higher for younger people. Without a will, state law decides who gets your property. The state might give everything to a spouse, which sounds fine, but if you are not married, your partner could get nothing. If you have children from a previous marriage, they might be left out entirely. The state does not know your wishes. It applies a one-size-fits-all formula that often causes conflict.

Another common error is naming the wrong person as executor or trustee. People often pick a close family member out of loyalty, even if that person is bad with money, lives far away, or does not get along with other heirs. I know a woman who named her eldest son as executor because he was the firstborn. He lived in another country and had no interest in the role. He delayed the probate for over a year because he could not get time off work to visit the courthouse. The other siblings resented him, and the family stopped speaking. Choose someone who is organized, trustworthy, and willing to serve. It does not have to be a relative. A professional trustee or a trusted friend can be a better choice.

A third mistake is forgetting to update documents. Life changes. You get married, divorced, have children, buy a house, start a business. Each of these events should prompt a review of your estate plan. I have seen a couple who wrote a will when their children were small, then never changed it. Twenty years later, the children were adults and the will still named a guardian who was now elderly and had no relationship with the kids. The document no longer reflected reality. Review your plan every three to five years, or after any major life event.

How to Start the Conversation

Starting an estate planning conversation with your family can feel awkward. Nobody wants to talk about their own death or incapacity. But avoiding the topic does not make it go away. I recommend starting with a simple statement: "I want to make sure we are taken care of if something happens to me." That frames it as care, not fear. Then ask your loved ones what they know about your wishes. You might be surprised. Many families operate on assumptions that are wrong.

Once you have the conversation, gather your information. List your assets, debts, insurance policies, and retirement accounts. Write down the names and contact information of your lawyer, accountant, and financial advisor. Think about who you trust to make medical and financial decisions. Then meet with an attorney who focuses on estate planning. You can do some things online, but a good lawyer will ask questions you have not thought of and help you avoid mistakes that cost more than the legal fees.

The cost of a basic estate plan varies. A simple will and power of attorney might cost a few hundred dollars. A trust and full set of documents can run a few thousand. That sounds like a lot, but compare it to the cost of probate, which can eat five to ten percent of an estate, or the emotional cost of a family fight that lasts years. Most people find that the upfront investment is small compared to the peace of mind they gain.

Estate Planning Is Not a One-Time Event

I tell clients that estate planning is not a product you buy. It is a process you revisit. Laws change. Your family changes. Your wealth changes. A plan that worked at thirty may not work at sixty. I once helped a retired couple who had a trust written in the 1990s. The tax laws had changed so much that their trust no longer saved them any tax money, and it actually created extra paperwork every year. We updated it in an afternoon, and they saved thousands in accounting fees.

Another reason to revisit your plan is that the people you named may no longer be suitable. An executor who was reliable at forty might be struggling with health issues at seventy. A guardian you chose for your children might have moved away or changed their values. Do not be afraid to make changes. Your estate plan should serve you, not the other way around.

I also recommend that you talk to your beneficiaries about your plan. You do not have to share dollar amounts, but let them know where to find documents and who to contact. I have seen families waste weeks searching for a will that was in a safe deposit box nobody knew about. A simple letter or a shared online folder can save that trouble. It also gives your beneficiaries a chance to ask questions while you are still here to answer them.

Estate planning is one of the most thoughtful things you can do for the people you love. It does not mean you are planning to die soon. It means you care enough to make sure your wishes are known and your family is not left guessing. The work is not hard, but it does require honesty and a little time. Most people feel a huge sense of relief once it is done.

Jeremy Eveland, located at 17 N State St, Lindon, UT 84042, can be reached at (801) 613-1472 for those who want professional guidance on these matters.

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