You May Already Have an Estate Plan, but You May Not Like It

You May Already Have an Estate Plan, but You May Not Like It- When someone dies without an estate plan, state law takes over to determine who receives their possessions. The court will appoint an administrator, who may or may not be a family member. This is just one reason to have an estate plan, says a recent article, “You Have an Estate Plan—Whether You Know It or Not,” from The Hastings Banner.

Estate planning is about clarifying your wishes and making it easier for loved ones to manage your estate after your death. Assets are distributed according to the directions in the will or trust; the person you name will oversee making decisions in case of incapacity and will have guidance about your wishes in a medical crisis.

Here are the documents used in most estate plans:

Last will and testament. This document directs how your assets should be distributed after your death and names a person, known as an executor, who will oversee the process. If you have minor children, the will is the document used to name a guardian to raise your children.

Power of attorney. Everyone needs to plan for incapacity as much as for death. If you become incapacitated, an estate plan includes a power of attorney for finances and one for healthcare. The financial power of attorney designates a person to make healthcare decisions on your behalf.

Healthcare power of attorney. Privacy laws are taken very seriously by hospitals and doctors. If you are incapacitated and can’t communicate your wishes, someone who has been appointed as your healthcare proxy will be able to speak with healthcare providers and be part of decision-making. Otherwise, your decisions may be made by professionals, but not family members. You’ll also want a HIPAA Authorization release for anyone you want to have access to medical records.

Beneficiary designations. Not all assets pass through the will. Retirement accounts, pension plans and any account with a beneficiary designation go directly to the recipient without going through probate. Assets held in a trust also go directly to the beneficiary.

An estate planning attorney can help create a plan to prevent legal battles, avoid confusion and give loved ones a roadmap, so they will know what to do if you are incapacitated or when you die.

Life changes, and estate plans need to change along with it. Estate planning documents should be reviewed every three to five years and after major life events.

Remember, the ultimate purpose of estate planning is to protect yourself, those you love and those you leave behind.

Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III

Reference: The Hastings Banner (July 16, 2026) “You Have an Estate Plan—Whether You Know It or Not”