A comprehensive
estate plan requires careful consideration and planning as well as a thorough knowledge of the applicable state laws.
An thorough estate plan contains a number of legal documents.
Depending on your personal needs and desires, estate planning documents can include (are not limited to):
- A Revocable Living Trust (“Trust”)
- Durable (Financial) Power of Attorney
- Health Care Power of Attorney (aka “Designation of Health Care Surrogate”)
- Living Will (aka “Healthcare Directive”)
Each one of these documents serves a particular need and will achieve a specific result for your
estate planning needs. They are each unique to developing a comprehensive estate plan. And yet, they all have one thing in common that is critical when it comes to estate planning: naming alternatives.
Naming Alternatives
Preparing
estate planning documents requires making a number of decisions. For example, for each document used in your estate plan you will need to decide who you want to name as your beneficiary, trustee, or agent, as the case may be.
You must also decide who you would want to serve as an alternate for each of those roles/positions. An alternate is a person who will either take on the duties of the originally named agent (for example, a substitute trustee) or receive the property left to the original beneficiary (for example, an alternate beneficiary).
Why Name Alternatives?
Beneficiaries may predecease you. The people you have appointed in your documents may be:
In which case, the consequences of failing to name an alternate can be very expensive and time-consuming to fix or may completely contradict your stated desires.
Ultimately, you should name alternates in all of your
estate planning documents. And if you have named beneficiaries (as opposed to a trust) on your financial accounts, name alternates on those as well.
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As a blog exclusive, we also have some free estate planning resources for you! View our life planning guide and our estate planning checklist below to either begin your estate planning or check to be sure you're up-to-date on your documents.
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With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.