• Raphan Law Partners: Blog

Why You Should Create an Estate Plan

Updated: Mar 2, 2020

Many people think that estate plans are for someone else, not them. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth.


1. Loss of capacity. 

What if you become incompetent and unable to manage your own affairs? Without a plan the courts will select the person to manage your affairs. With a plan, you pick that person (through a power of attorney). 


2. Minor children. 

Who will raise your children if you die? Without a plan, a court will make that decision. With a plan, you are able to nominate the guardian of your choice.


3. Dying without a will. 

Who will inherit your assets? Without a plan, your assets pass to your heirs according to your state’s laws of intestacy (dying without a will). Your family members (and perhaps not the ones you would choose) will receive your assets without benefit of your direction or of trust protection. With a plan, you decide who gets your assets, and when and how they receive them.


4. Blended families. 

What if your family is the result of multiple marriages? Without a plan, children from different marriages may not be treated as you would wish. With a plan, you determine what goes to your current spouse and to the children from a prior marriage or marriages.