What else could possibly go wrong? A question that probably shouldn’t be asked, especially given recent events. This year has presented quite a few challenges that continue to face our communities, our nation and our world. There has never been a better time to be sure that your estate plan is complete.
Both large and small business owners are contacting estate planning attorney’s offices to get their plans done. In some cases, people who have delayed having their estate plans done or never finalized their plans are now working to get their affairs in order. It is smart to consider what would happen if multiple family members got sick, and a family business was left unprotected?
Because the virus is recognized as being especially dangerous for people who are over the age of 60 or those who have underlying medical issues, the question of “What if I get it?” needs to be addressed, as this demographic includes many business owners and CEOs. Failing to have a succession plan or estate plan in place could result in chaos for the company and the family.
Establishing a Power of Attorney is a key part of ones’ estate plan. This type of documentation provides protection in the case of incapacitation, in which one in unable to take care of paying bills, taxes or taking care of family or business matters. For these circumstances, you need to consider a Durable Power of Attorney.
Another document needed now, more than ever, is an Advance Health Care Directive. This documentation explains how you want medical decisions to be made if you are too sick to make decisions on your own behalf. A health care directive tells your health care team and family members what kind of care you prefer, what kind of care you don’t want and who should be responsible for making these decisions for you.
This is especially important for people who are living together without the legal protection that being married provides. While some states may recognize registered domestic partners, in other states, medical personnel will not permit someone who is not legally married to another person to be involved in their health care decisions.
Personal information that is only saved online is also at risk. Most bills today don’t arrive in the mail, they are simply sent to your email inbox. It is smart to consider what is to happen if the person who pays the bill is in a hospital, on a ventilator?
Just as you make sure that your spouse or children know where your estate plan documents are, they also need to know who your estate planning attorney is, your contact list of key friends and family members, and where your insurance policies, financial records and legal documents are located.
Current events have led estate planning attorneys to talk with clients about a “Plan C”—a plan for what would happen if heirs, beneficiaries and contingent beneficiaries were to pass. They are adding language that states which beneficiaries or charities are to receive their assets, if all of the people named in the estate plan have died.
This ultimately maintains control over the distribution of assets, rather than having assets pass via the rules of intestate succession. Without a Plan C, an entire estate could end up going to a distant relative, regardless of your intended plan.
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1115 Harrison St. Mt. Vernon, IL 62864
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Edwardsville
217 South Main Street, Edwardsville, IL 62025
618.659.4499
East Alton
1 Terminal Dr. East Alton, IL 62024
618.258.4800
Wentzville
511 W. Pearce Blvd. Wentzville, MO 63385
636.332.5555
Swansea
7a Park Place Swansea, IL 62226
618.239.4430
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13321 N. Outer 40 Road, Ste. 700, Chesterfield, MO
636.332.5555
Creve Coeur
12747 Olive Blvd., #300, St. Louis, MO
636.332.5555
Mt. Vernon
1115 Harrison St, Mt. Vernon IL
618.242.0200
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