Skip to main content

Estate Plans for College Students and Other Young Adults
Why It’s the Perfect Time to Set Your Kids Up for Success


It can be exciting to see your children branching out and becoming successful adults in their own right — a time full of hard work and self-discovery that hopefully lays the groundwork for a fulfilling career in the coming years.

But, it can also be a time of anxiety for some parents. We all want to know that we are doing absolutely everything we can to make sure our kids stay safe, healthy, and secure so they can pursue their dreams to the fullest.

Preparing for legal adulthood

Whether your child is just turning the corner on their senior year of high school or they’re already in the midst of their undergraduate studies, their 18th birthday undoubtedly marks the transition to adulthood when it comes to their legal affairs. This can impact you as their parent in a few distinct ways:

      Medical decisions: When your children become legal adults, you no longer have the authority to know their medical details or make healthcare decisions on their behalf. Without proper legal documents in place, you may need to petition a court to be named as guardian or conservator — a time consuming, expensive, and distracting process.

      Probate: Many young people own cars, have a checking or savings account, and have life insurance — assets that could end up in a probate court if inadequate planning, like only using the beneficiary form at the insurance company, is done. A basic trust may be all that’s necessary now for your children’s estates. Some people are concerned about planning “too early.” But, since revocable trusts can be updated as your child’s circumstances change, there’s never really a time that’s too early. By working with your children now, you’ll instill a great habit of being proactive when it comes to legal affairs while providing protection for your family along the way.

A simple way forward

Turning 18 isn’t just an opportunity to be able to vote or serve in the military. It’s also the first time individuals need to come in and have a conversation about estate planning.

As a parent, it’s an opportunity to help your child enter the world of adulthood and maturity. It also presents a unique opportunity for families to work together toward a common goal and can serve as a bond-strengthening experience for parents and children alike.

Here are some of the preliminary documents we can use to lay the foundation of your children’s estate plans:

      Asset inventory: Asset inventories are a great way to get the ball rolling for those brand new to estate planning. Include assets like insurance policies, valuable or meaningful personal property or heirlooms, savings accounts, real estate, investments, and retirement plans.

      Basic will: Wills contain instructions for the management and distribution of assets after death. However, since wills must go through probate, they are usually not a great planning tool for most people.

      Living will: This document records the individual’s wishes in the event of terminal incapacity.

      Revocable trust: A revocable living trust is a great way to keep an individual’s assets out of reach from potential court interference. And since they are revocable, these trusts can be altered as often as necessary throughout the course of one’s life.

      Financial power of attorney: A financial power of attorney is the document used to appoint a person to handle the individual’s financial affairs.

      Healthcare power of attorney: This type of power of attorney covers medical decision-making that could impact an individual’s health and lifestyle if they become unable to make those decisions themselves due to mental or physical impairment. In concert with a revocable trust, a financial power of attorney and healthcare power of attorney can provide a powerful plan for incapacity that sometimes strikes younger people (like the well-known case of Terri Schiavo, who became legally incapacitated in her late 20s).

Now is the right time to act
Estate planning for young adults doesn’t need to be prohibitively expensive or time-consuming. Work with us to build a comprehensive plan so you and your children can get back to the business of being in such an exciting part of life.




Comments

Popular posts from this blog

Why Your Estate Planner Needs to Know If You’ve Lent Money to Family

Let's talk about money - or the loaning of money. Many children and grandchildren are skipping the traditional bank and obtaining loans from parents or grandparents.   Unfortunately, we have all heard stories of families torn apart because of disagreements over money. So, what can you do to make sure your intra-family loans help — rather than hurt — your family? As far as estate planning is concerned, money you lend to others is legally an asset. If you have lent money to a family member the presence of these assets in your estate can be problematic for your surviving family members. This is because your executor and successor trustee are under a legal requirement, known as fiduciary care, to collect the outstanding obligation, even if the other party is a family member. If the amount of money that you have lent out is significant -- and “significant” can be relative -- it is important to let us know as we help you plan your estate. For example, if you wish to forgive th

About Me

Hi, I’m Mark. I’m an attorney based in La Mesa, California, a municipality in San Diego. My main areas of practice are Estate Planning, Trust Administration, Probate, and Inheritance Rights. I wanted to create this blog so I could provide practical considerations to a topic many folks dread thinking about: planning for one’s death. In my blog posts, I hope to put these fears at ease by educating readers on the importance of Estate Planning and how, with their newfound knowledge, they can become empowered to proactively take steps to plan for contingencies in the inevitability of death and the potential for mental incapacity. I will try my best to draft my blog posts in a manner that is easy to understand for individuals who have not attended law school, but also provide enough breath to survey the legal considerations for each topic. It is important to note that the contents of this blog is not meant to be legal advice, but a discussion about general legal topics. Reading and oth

For All the Small Business Owners

Small Business Owner? Know What Can Happen to Your Business If You Become Incapacitated or Pass Away Preparing your company for your incapacity or death is vital to the survival of the enterprise. Otherwise, your business will be disrupted, harming your customers, employees, vendors, and ultimately, your family. For this reason, proactive financial planning -- including your business and your estate plan -- is key. Below are some tips on how to protect your company and keep the business on track and operating day-to-day in your absence. Preparing for the Unexpected If you are a small business owner, your focus is likely on keeping the company running on a daily basis. While this is important, looking beyond today to what will happen if you can’t run your business should be on the top of your to-do list. If you die or become incapacitated without a plan in place, you will leave your heirs without clear instructions on how to run your company. This can jeop