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.
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