It may be tempting for clients to take a deep sigh of relief once their estate plan is signed, notarized and placed in the safe, but that's rarely the end of the process.
Despite saying their estate plan aligns with their values, according to our second annual Private Business Owner Survey, there are many considerations that may require changes to what seemed like finalized plans. Evolving tax laws, changes in family dynamics, and other major life events can come about unexpectedly, making it essential for families to revisit these plans, regardless of how difficult the conversation may be.
As wealth advisors, it is our role to keep lines of communication open so that we can anticipate and help clients navigate issues that may arise over time.
Common pitfalls in estate planning
When it comes to estate planning, advisors can't fix what they don't know. It's incredibly common for clients to forgo sharing certain information that they don't consider to be relevant to their estate plan or financial life.
However, more often than not, life events that appear to be unrelated to finances can have a significant impact on the estate plan. For example, a client may not think to tell their advisor that their friend who is designated as successor trustee in their plan moved to a different state, but that could change the future taxation of that trust.
Alternatively, a client may not think to share that a family member adopted a child, but if that child is a current or future beneficiary of a trust, that trust instrument should be reviewed to confirm the treatment of adopted people to ensure the instrument is aligned with intentions.
While many of these topics may come up over the course of a meeting, it can be helpful to have a mental checklist of things to ask, including changes to individual or family assets, marriages or divorces, the birth of a child or grandchild, the purchase of a new home, or a move to a new state. These conversations will help you gather information needed to provide holistic advice while deepening your relationship with your client.
Building flexibility into estate plans is another key component of their success. Most trust instruments include formulas to calculate certain tax liabilities so that amendments are not required every time there is a change to tax laws.
When making bequests, consider using percentages of the estate instead of fixed dollar amounts, or adjusting fixed dollar amounts for inflation. When preparing an irrevocable trust, it is important to understand which methods of changing the trust are available in that jurisdiction (e.g., decanting) and include any required language in the instrument to keep options open in the future.