Older couple sitting with estate planning attorney

Ask The Attorney: My Parents Haven’t Done Any Estate Planning. What Should They Do?

By Angela Siegel
Founder

For most of your life, your parents have been the ones to act out of concern for your well-being. However, the relationship dynamic can undergo a significant reversal as time goes on. At some point, all adult children begin to worry about whether their parents will be able to afford the housing and care they will require as they age. Furthermore, the passage of time brings an increasing necessity to determine what will happen with your parents’ assets and debts when they are no longer around. 

Having conversations about these matters with your parents can be a potential source of sadness, embarrassment, or even conflict. Yet, with the help of an experienced estate planning attorney, handling the situation early and appropriately can help maximize your options and minimize the possibility of resistance.

Introducing the Topic to Your Parents

When broaching the subject of estate planning with your parents, it is essential to approach the conversation with sensitivity and respect. Choose a time when everyone is relaxed and free from distractions. Express your love and concern for their well-being, and explain that you want to ensure their wishes are carried out and their assets are protected.

Some key points to cover in your initial discussion:

  • Emphasize that estate planning is a way to maintain control over their legacy and provide for loved ones.
  • Reassure them that creating an estate plan doesn’t mean they’re giving up their independence or autonomy.
  • Offer to help them find a qualified estate planning attorney and accompany them to meetings if they would like your support.

Essential Elements of a Comprehensive Estate Plan

A well-crafted estate plan should include several crucial components to ensure your parents’ wishes are honored and their assets are distributed according to their desires. An experienced estate planning attorney can guide them through the process of creating:

  • A will – This legal document specifies how your parents want their assets distributed upon their passing and can name guardians for any minor children or dependent adults.
  • Powers of attorney – These documents allow your parents to appoint trusted individuals to make financial and healthcare decisions on their behalf if they become incapacitated.
  • Living will – These documents outline your parents’ preferences for end-of-life medical care, such as whether they want to be kept on life support.

Protecting Assets and Minimizing Tax Liabilities

In addition to ensuring that your parents’ wishes are carried out, a comprehensive estate plan can help protect their assets and minimize tax liabilities for their beneficiaries. Strategies to consider include:

  • Creating trusts – Trusts can help avoid probate, protect assets from creditors, and provide for loved ones with special needs or financial challenges.
  • Gifting assets – Making strategic gifts during their lifetime can help your parents reduce the size of their taxable estate and potentially minimize estate taxes.
  • Beneficiary designations – Keeping beneficiary designations up-to-date on assets such as life insurance policies and retirement accounts can ensure they pass directly to the intended recipients without going through probate.

Need Help with Your Parents’ Estate Plan? Contact Us Today

It is normal for everyone involved to find conversations about your parents’ future challenging. However, addressing your concerns in a sensitive and informed manner can help you and your family avoid unnecessary stress down the line. Attorney Angela Siegel has decades of experience helping Floridians create their estate plans. Our team’s compassionate and intelligent approach can assist you in dealing with this issue in a way that puts your mind at ease while maintaining your parents’ rights and dignity. Contact the Law Office of Angela Siegel for a free consultation today.

About the Author
Angela Siegel focuses her practice on Business & Commercial Law, Estate Planning, Probate & Estate Administration, Real Estate Law, and Wills. Committed to providing personalized and thorough legal services, Angela is dedicated to ensuring that each client receives the highest level of attention and expertise tailored to their unique needs.