Massachusetts Estate Planning & Asset Protection Blog

Key Considerations for Your Aging Parents in Their First Estate Planning Meeting

Posted by Dennis Sullivan & Associates on Mon, Dec 16, 2019

P42.Sullivan.DecBlog1Is your parent’s estate plan current? Does it reflect their wishes for what they want for their person, their family, and their legacy, should they become incapacitated or pass away? Unfortunately, today, many estate plans for us, as well as our parents, are not frequently updated and, as a result, are not an accurate reflection of our wishes.

This can be a dangerous proposition. Perhaps even more concerning, however, is when your parents, or you, do not have any estate planning at all. Without planning your parents may be at risk of not being able to choose their decision makers for healthcare and financial decisions, or make plans that create the legacy they want to leave to those they love.

There are numerous reasons why your parents may not have completed their estate planning but we often find it is because people simply put off planning. They get busy, it is not a priority, and they do not realize they need it until it is too late. Our goal is to encourage you to work with your parents to create their estate plan with their attorney, and to address any concerns they may have about this first meeting early on.

The first question your parents may want to ask their attorney is his or her experience in estate planning for elderly clients. Many attorneys do not specialize in estate plans that are designed to meet the special legal needs of elderly couples. Let us share an example with you here.

For instance, the majority of your parents’ assets may be invested in separate Individual Retirement Accounts. If this is a second marriage for your parent, it may not be advisable for the parent to simply name the surviving spouse as the beneficiary of the IRAs. This is because the surviving spouse may not understand the need for naming all of the children of both marriages as the beneficiaries of the survivor’s IRA. Instead, the surviving parent may simply leave all of the first spouse’s IRA with the survivor’s IRA to his or her children as the beneficiary of the combined IRA’s.  Your parents need an attorney experienced in drafting specialized IRA trusts to protect all involved and to reach your parents’ goals.

The second question you parents may want to ask their attorney is about his or her specialized education and training in estate planning. How many years has the attorney specialized in estate planning? What does his or her practice focus on? What about his or her focus on elder law? While initially you may only think of estate planning, bear in mind, elder law encompasses the special needs of the elderly such as Medicaid planning for married couples.  

These are just a few of the questions and ideas we want to share with you as you work with your parents on their estate planning goals. There is never a wrong time to talk to your parents about these issues and the plan forward for the future.

At Dennis Sullivan & Associates we help family plan for the future, and with our lifetime protection program, and our Unique 19 point Trust, Estate & Asset Protection Analysis, we emphasize making sure the estate plan continues to meet the needs of all involved.

To discover what your estate planning options are, attend a free Trust, Estate and Asset Protection Seminar, and speak with one of our attorneys to discuss your goals for yourself, your loved ones, and for your parents.

Tags: Estate Planning, Lifetime Protection Program, Elder Law, seniors, family, trusts, Estate Planning Tip, estate

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