Why Estate Planning Matters
Sometimes, people pass away without leaving clear instructions about who should get their money or property.
That can make things very confusing and stressful for their loved ones. That’s why estate planning is so important.
Estate planning means writing down what you want to happen with your belongings after you die, or if you get very sick.
It helps your family members know what to do, so they don’t have to guess or go to court to figure things out (Source: LegalZoom).
In this article, you’ll learn 9 simple steps to create a plan that fits your life.
- Create a Last Will and Testament
- Powers of Attorney and Healthcare Directives
- Designate Beneficiaries
- Set Up a Trust
- Minor Children and Special Needs
- Update Your Plan After Major Life Events
- Establish a Durable Power of Attorney
- Plan for Estate and Inheritance Taxes
- Review and Organize Your Documents
- Conclusion
- Learn More / Sources
(1) Create a Last Will and Testament
The first step in estate planning is making a last will and testament.
This is a legal document that tells people what you want to happen with your things after you die.
It can help your family know how to divide your financial assets, like your bank account, house, or car (Source: LegalZoom).
If you have minor children, your will is even more important.
It lets you choose a guardian—someone who will take care of your children if something happens to you. Without a will, the court might choose someone you wouldn’t want (Source: Nolo).
Having a will can keep your family from having to go through long, stressful court cases, known as probate court.
Even though some things may still go through court, having a will can make everything faster and easier for your loved ones.
It’s a good idea to update your will if there are major life events, like a new baby, a divorce, or someone you named in your will passes away (Source: American Bar Association).
You can write a simple will with help from a lawyer or an online service, but it’s always best to have a professional check it to make sure it follows your state laws.
TIP: A comprehensive kit simplifies the process by giving you all the necessary documents you need in one package.
Making a will is a crucial aspect of financial management and a simple way to give your family peace of mind.
It shows that you care enough to plan ahead and protect the people you love.
(2) Powers of Attorney and Healthcare Directives
What if something happened to you and you couldn’t speak or make decisions for yourself? Who would pay your bills, talk to your doctor, or make sure your wishes were followed?
That’s why it’s important to have two key legal documents in your estate planning toolkit: a power of attorney and a healthcare directive.
POWER OF ATTORNEY
A power of attorney lets you choose someone to handle your financial matters if you can’t.
This could mean paying your rent, managing your bank account, or handling your life insurance policies.
The person you pick should be someone you trust to make smart financial decisions for you (Source: Nolo).
DURABLE POWER OF ATTORNEY
There’s a special kind called a durable power of attorney.
This means it stays in effect even if you become very sick or unable to communicate. It helps your family avoid delays or court problems if something unexpected happens (Source: LegalZoom).
HEALTHCARE DIRECTIVE
The second document you need is a healthcare directive, sometimes called a health care proxy or medical power of attorney.
This form lets you choose someone to make medical treatment decisions for you if you can’t speak for yourself.
It also lets you write down what kind of care you want.
For example, if you want machines to keep you alive or if you prefer end-of-life care at home.
These two documents help your loved ones feel confident that they’re doing what you would want.
It gives everyone peace of mind during tough times and keeps your financial affairs and healthcare decisions in the hands of people you trust. (Source: Mayo Clinic)
It’s a good idea to talk with your doctor, lawyer, or a financial advisor when creating these forms.
Every state has different rules, so it’s smart to make sure your papers follow the right state laws (Source: American Bar Association).
(3) DESIGNATE Beneficiaries
One of the best ways to make sure your money goes to the right people is by choosing a beneficiary.
A beneficiary is the person who will receive your money from certain accounts after you pass away.
When you open these accounts, you’re usually asked to fill out a beneficiary designation form.
This form tells the company who should get the money in the event of your death.
Even if your last will says one thing, the beneficiary form on the account wins.
That’s why it’s so important to check and update your beneficiary forms, especially after major life events like a divorce, marriage, or birth of a child (Source: Investopedia).
COMMON MISTAKE
A common mistake people make is forgetting to update these forms:
Your old form names someone you no longer want to receive the money, like an ex-spouse.
If that happens, it could cause problems for your family members and lead to unintended consequences.
Here’s a tip: Check your beneficiary forms once a year or whenever something big changes in your life.
This simple step helps make sure your financial assets go exactly where you want them to.
SECONDARY BENEFICIARY
You can also name a secondary beneficiary—this is someone who will receive the money if your first choice passes away before you do.
It’s one more way to create a secure future for your loved ones.
If you’re not sure who to choose or how it affects your financial situation, talk to a financial advisor or estate planner. They can help you make the right choice for your specific situation.
(4) SET UP A TRUST
A trust is a helpful tool in estate planning that lets you protect and manage your money, house, or other financial assets—both while you’re alive and after you pass away.
It can also help you avoid the long and sometimes costly process of probate court (Source: LegalZoom).
Here’s a clear and simple summary of the four main types of trusts:
Trusts are grouped in two main ways:
Living Trust vs. Testamentary Trust
A living trust, also known as an inter vivos trust, is created while the person (or grantor) is still alive.
Whereas a testamentary trust is created after the grantor dies, based on instructions in their will.
Revocable Trust vs. Irrevocable Trust
A revocable trust can be changed or canceled while the grantor is alive. An irrevocable trust cannot be changed or canceled once it is created.
These categories help determine when the trust is created and how much control the grantor has over it.
A trust works like this
You (the person creating the trust) put things like your home, money, or life insurance policies into the trust.
Then you name someone to manage it—called a trustee.
You also list who will get those things after you pass away. These people are called beneficiaries.
Many people also set up something called a family trust, which helps make sure your financial matters are handled smoothly and privately.
Unlike a will, a trust doesn’t have to go through court, which means your family can get what you’ve left them faster.
Trusts CAN BE A POWERFUL TOOL
Trusts are a smart choice for families who need extra protection and planning.
They can help avoid court delays if you own property in multiple states, provide support for minor children or loved ones with special needs, reduce inheritance taxes, and prevent money from being spent too quickly.
Unlike a basic will, a trust offers more control and flexibility over how your assets are managed.
A trust can be a powerful tool for building financial security and making sure your wishes are followed for future generations.
It’s smart to work with a financial planner or estate planner who understands your specific situation and the current laws in your state.
(5) MINOR CHILDREN AND SPECIAL NEEDS
When creating your estate plan, it’s important to include clear steps to protect minor children and loved ones with special needs.
This kind of careful planning ensures your family members are supported, even if you're no longer here to care for them.
Naming a Guardian for Minor Children
If you have underage children, your last will should include a legal document that names a guardian.
Without this, a court will decide who takes care of your children. But if you name someone in your will, the court will usually respect your wishes (Source: Nolo).
This gives you the power to choose someone who shares your values, has the ability to provide a safe home, and will offer love and stability.
It also gives your children peace of mind, knowing they’ll be cared for by someone they know and trust.
Using a Special Needs Trust to Protect Benefits
For a loved one with special needs, leaving money to them directly can create problems.
It could affect their eligibility for important programs like Social Security or Medicaid. That’s why many families use a special needs trust.
A special needs trust allows your loved one to receive support for things like medical treatment, transportation, or education—without losing access to government benefits (Source: Investopedia).
You’ll also name a trustee, someone you trust to manage the money and make sure it's used the right way.
Tailoring the Plan to Fit Your Family
Whether you’re planning for minor children or someone with unique needs, these steps are a necessary aspect of financial management.
It’s a smart way to make sure your family’s future is secure and that their needs are met in the way you intended.
If you’re not sure where to begin, it’s a good idea to meet with a financial advisor, estate planner, or legal professional who understands your specific situation and your state’s current laws (Source: American Bar Association).
(6) UPDATE YOUR PLAN AFTER MAJOR LIFE EVENTS
Why Estate Plans Need Regular Updates
Life changes—and so should your plan. That’s why it’s important to update your legal documents when things in your life shift.
Creating a proper estate plan is not a one-time task.
Keeping your plan current helps protect your financial assets, avoid unintended consequences, and ensure your wishes are followed.
What Counts as a Major Life Event?
Certain changes in your life should prompt a review of your estate planning documents.
Each of these events can impact how your financial affairs are handled or who should be in charge of your legal decisions.
Without updates, your estate plan might no longer reflect your true wishes, which could lead to delays or mistakes in court (Source: LegalZoom).
What Could Go Wrong Without Updates?
If your last will still names an ex-spouse or someone who has passed away, your distribution of assets could go to the wrong person.
Or if you move to a new state, your plan might not follow that state’s current laws, causing delays and complications (Source: Investopedia).
Make Estate Plan Reviews a Yearly Habit
It’s a good idea to review your estate plan once a year, just like an annual health checkup.
You don’t need to make changes every time, but reviewing your plan helps you catch anything that’s out of date.
This small habit plays a crucial role in financial management and gives you and your family peace of mind.
Don't Forget Beneficiary Designations
Beneficiary forms are just as important as your will.
Make sure your retirement plans, life insurance policies, and bank accounts have the correct beneficiary designations.
These designations are separate from your will and will override anything in it, so keeping them updated is key (Source: Trust and Will).
When in Doubt, Ask for Help
If you’re not sure whether a change in your life should lead to an update, talk to a financial planner, estate planner, or tax advisor.
They can guide you based on your specific situation and make sure your estate plan follows your state’s current laws.
(7) Establish a Durable Power of Attorney
Imagine you’re in the hospital and can’t talk or sign papers.
Who will pay your bills, manage your bank account, or handle your financial matters?
That’s where a durable power of attorney comes in.
This important legal document allows you to name someone you trust—called an “agent”—to take care of your money, property, and daily responsibilities if you can’t do them yourself (Source: Nolo).
What Makes It “Durable”?
The word “durable” means the power continues even if you become very ill or are injured.
Without this document, your family members might have to go to court to take control of your financial affairs—a stressful and time-consuming process.
Having a durable power of attorney in place is a crucial aspect of financial management and part of any comprehensive estate plan.
This person plays a vital role in your financial planning, so choose someone who is trustworthy, organized, and understands your financial goals and wishes.
Your agent can even file your taxes, among other duties.
Choosing the Right Agent (and a Backup)
Many people pick a spouse, adult child, or close friend to serve as their agent.
It’s also a good idea to name a backup agent in case your first choice is unavailable. Having this extra layer ensures your plan stays on track, even if something unexpected happens.
Make It Official and Accessible
Because state laws vary, it's wise to work with a financial advisor, estate planner, or lawyer to make sure your form is legal and complete.
Once your document is ready, keep it in a safe place and give a copy to your agent.
This small act of careful planning can save your loved ones stress and provide you both with lasting peace of mind.
(8) Plan for Estate and Inheritance Taxes
Many people don’t realize that when they pass away, their financial assets might be taxed before their family can receive them.
That’s why it’s important to plan ahead for estate taxes and inheritance taxes—especially if you have a lot of money or own real estate.
Let’s break it down:
An estate tax is a tax on everything you own when you die. This includes your home, savings, cars, and even life insurance policies if they’re part of your estate.
In the United States, the federal government only charges this tax if your estate is worth over a certain amount, currently over $13 million per person as of 2024 (Source: IRS).
An inheritance tax is different. It’s a tax that some states charge the person who receives the money or property. Not all states have this tax, so it depends on where you live and where your property is located (Source: Investopedia).
Planning ahead can help lower or even avoid these taxes. Here are a few smart ideas:
You can set up trusts, such as an irrevocable trust or an irrevocable life insurance trust (ILIT), to move assets out of your name and potentially reduce estate taxes.
You can also give gifts within the yearly gift tax limit, name beneficiaries for your retirement accounts, bank accounts, and life insurance policies, and use charitable trusts to support causes you care about while reducing taxes.
You don’t have to figure this out on your own.
It’s a good idea to meet with a tax advisor or financial planner who understands your specific situation, especially if you have a large estate or own property in more than one state.
Making a plan now can help your family avoid surprise tax bills and protect the distribution of your assets for future generations. That’s a smart way to bring financial security and peace of mind to the people you care about most.
(9) Review and Organize Your Documents
Once you’ve created your will, set up trusts, picked your beneficiaries, and written out your wishes, there’s still one more important step—reviewing and organizing all of your estate planning documents.
First, check that everything is complete and up to date.
Look over your documents to make sure names, dates, and instructions are correct.
If your financial situation has changed, or if there’s been a major life event, it may be time to make updates.
Next, organize your documents in a safe but easy-to-find place. Use a folder or binder to keep your will, trusts, retirement account info, and healthcare documents together.
You can even label each section to make things clear. Make sure someone you trust knows where to find them, like your personal representative or a close family member.
Doing this helps prevent confusion, delays, and legal trouble. It’s a smart way to keep your plan clear, complete, and ready.
It’s brings peace of mind to you and your loved ones.
(10) CONCLUSION
Start Small—Plan Big
Planning for the future might feel like a big job, but taking small steps now can make a big difference later.
With the right estate planning tools, you can make sure your family members are protected, your wishes are followed, and your hard-earned financial assets go to the right people.
Reviewing the 9 estate planning basics helps ensure your plan is complete, up to date, and tailored to your needs.
Why These Steps Matter
Each of these steps plays a crucial role in financial management.
They help avoid unintended consequences, give you and your loved ones peace of mind, and ensure your wishes are clearly understood.
Estate planning isn’t just for the wealthy—it’s for anyone who wants to protect their home, family, and financial matters in a smart and loving way (Source: LegalZoom).
Your Next Step
Start by gathering your important papers, thinking about who you trust, and writing down your wishes.
Then, talk with a financial advisor, estate planner, or legal expert who can help you turn those ideas into a real plan that meets your specific situation.
Remember, estate planning is not a one-time task—it’s an ongoing process. Review it often and make changes when needed.
That’s how you build a secure, lasting legacy for your future generations.
(11) LEARN MORE / SOURCES
“Estate Planning Information & FAQs.” American Bar Association.
“What Is a Beneficiary? Role, Types, and Examples.” Investopedia, Investopedia, 20 Nov. 2003.
“Understanding a Special Needs Trust and Its Benefits.” Investopedia, Investopedia, 26 Apr. 2011.
Albee, Carolyn. “What Is Estate Planning? Everything You Need to Know.” LegalZoom, 29 July 2024.
“Living Wills and Advance Directives for Medical Decisions - Mayo Clinic.” Mayo Clinic.
“Popular Methods to Avoid Probate.” www.Nolo.Com, Nolo, 10 Oct. 2011.
“How to Appoint a Guardian for Your Children.” www.Nolo.Com, Nolo, 10 Oct. 2011.