Sometimes homes and portfolios lose value or income and investments increase significantly. If this is the case for you, do you need to change your will? If your finances have changed markedly since you wrote your will, it is estate planning good practice to check your estate plan to see if you need to make any changes.

Estate planning scenarios where an update to your estate plan is necessary

If your will or estate plan divides your estate into percentages for beneficiaries, then changes in value won’t affect how your estate is distributed. However, if you include specific bequests in your will, a fall or rise in your estate could have consequences. For example, if your estate plan gives $50,000 to your favorite charity and the rest of your estate to your children, a reduction in the value of your estate could mean your children won’t get as much as you intended.

A change in value of assets could also affect your estate plan if you intended to treat your children equally by giving them assets of equal value. For example, suppose your will gives your house worth $500,000 to your daughter and your stock worth $500,000 to your son. If the value of either the house or the stock portfolio increases or decreases significantly in value, your children will no longer receive equal gifts. It is also important to update your estate plan if the overall nature of your assets has changed. For example, if you sold the stock and bought real estate instead, this will affect the distributions to your children.

In addition, if your estate has significantly increased in value, it is important to reassess whether your estate will be subject to estate taxes. In 2019, estates worth more than $11.4 million for individuals and $22.8 million for couples are subject to estate tax. Most estates are not subject to federal estate tax, but some state tax smaller estates. It is important to be prepared for any eventuality.

Power of Attorney & Estate Planning

It is also important to periodically review your selections for personal representative and power of attorney agent. Relationships evolve and loyalties change, so it is crucial to ensure those you appointed fiduciary duties when you initially did your estate planning are still the best people to handle your estate matters when you are no longer there.

Do you need any help with your estate planning? Or you already have an estate plan in place but are unsure of what needs updating? Get in touch with an estate planning attorney today.