It may come as a surprise to older generations that the millions of young Americans known as “millennials” have now arrived into their adult years. Millennials may be even more surprised to realize that this means estate planning is now something that should be on the radar.

This week, The National Law Review provided a helpful synopsis of the most important estate planning considerations for the millennial population. These include:

1. Setting up powers of attorney for financial and medical decisions as parents do not carry this responsibility beyond age 18.

2. Establishing a will or trust to handle distribution of assets, care of children and pets, and social impact goals.

3. Creating a plan for the management of digital assets such as Facebook, Google, and other online accounts upon incapacity or death.

4. Accounting for student loans and how outstanding balances may impact an estate plan.

Millennials, it’s your turn to plan!

The phrase “better together” takes on new meaning when it comes to estate planning for married couples. Spousal coordination and a shared understanding of financial and legal matters are essential to the successful execution of an estate plan.

A recent piece in Forbes provides helpful considerations for spouses working through an estate plan, as well as tips to ease the financial and legal burdens on a surviving spouse once the first spouse passes away. Four key takeaways from this article highlight the biggest mistakes married couples make from an estate planning perspective:

1. Lack of shared knowledge of financial assets and legal documents. Oftentimes, one spouse manages financial and legal matters, which can leave the other spouse feeling overwhelmed and lost when the managing spouse passes away. Both spouses should know where financial and legal documents are located so they can be easily accessed upon the death of one spouse. It is also important to keep a joint account with funds for emergency expenses and funeral costs that both spouses know how to access.

2. Individually-held accounts that do not name the spouse as beneficiary. Assets that do not transfer automatically through a beneficiary designation will pass through the probate court. This often means the surviving spouse will incur expenses that could have been avoided by utilizing beneficiary appointments or payable on death designations.

3. Failure to fund a trust that has been created. While a trust can be a very useful tool, trust language only applies to assets that have been titled in the name of the trust. Unfortunately, many neglect to actually place their assets into the trust, rendering the distributions spelled out in the trust ineffective.

4. Improper coordination of assets outside of a trust. Beneficiary designations made on retirement accounts, life insurance policies, and the like often conflict with distributions laid out in a subsequently-created estate plan. As such, assets that one might intend to pass through a trust or other estate planning tool will instead pass according to the previously-made beneficiary appointments. Whether or not a trust is utilized, it is always important to double check beneficiary designations to ensure proper coordination with an estate plan.

As with most marital matters, communication is the foundation of a solid estate plan.

The diagnosis of a chronic illness is often a major life-altering event. Your estate plan may help ease some of the burdens you and your loved ones will face as you continue living with a chronic condition. Although the effects of a chronic illness can be complicated and overwhelming, a recent article in Forbes provides a helpful list of legal documents that may be beneficial in managing your affairs throughout the course of your condition. These include:

1. HIPAA Release: With a HIPAA release, you can elect to share your protected health information (PHI) with specific individuals for the purpose of managing your care if necessary.

2. Living Will: This document clarifies your wishes for end-of-life medical care in the event that you become unable to communicate those wishes.

3. Health Care Power of Attorney: This type of POA allows you to appoint someone to make medical decisions on your behalf in the event that you become incapable of doing so.

4. Physician Order for Life-Sustaining Treatment: A POLST can be completed with the help of a health care provider and, much like a living will, is utilized to express your wishes for end-of-life medical care.

5. Financial Power of Attorney: The financial POA allows you to appoint someone to manage your financial, accounting, and other personal needs on your behalf, and can limit when and how such power can be exercised by that individual.

6. Revocable Trust: A revocable trust can be utilized to manage your assets throughout the course of your chronic illness, possibly providing protections and oversight in the event that you become incapacitated at any point.

If you have been diagnosed with a chronic condition, it may be a good idea to get ahead of your estate plan so that protections and precautions are in place should they become necessary.

The sudden and unexpected loss of someone you love can be a crushing and often unbearable experience. While the mental and emotional pain of such a loss can be overwhelming, the financial toll resulting from an incomplete or non-existent estate plan can only serve to compound the issue for those left behind.

Although many are hesitant to establish an estate plan for fear of burdening their loved ones, a lack of planning can actually be more burdensome to those left to jump through financial and legal hoops in an attempt clean up the deceased’s disorganized estate.

If your loved one passed away unexpectedly without an estate plan, below are a few tips provided by CNBC Personal Finance for working through the estate administration process:

1. Consult with a financial planner and lawyer and organize related documents.

2. Address both your mental and financial health.

3. Delay any major decisions for at least a year.

It can be impossible to make sense of devastating life events, but one thing that always makes sense is planning ahead for the sake of your loved ones who will be left to manage your affairs after you pass away whether you have planned or not.

When faced with an uncomfortable situation or decision, it is human nature to make excuses or convince ourselves of untruths rather than deal with the inevitable head-on. This is no different when it comes to estate planning.

Estate planning can certainly seem like a daunting and depressing subject as we face our own mortality. However, creating an estate plan does not mean you are going to die now - it just means that you have prepared for the future. A recent article in Forbes debunks four persistent myths of estate planning that are often used as excuses to avoid the planning process altogether. These myths include:

1. Estate planning is only for the wealthy. False. Anyone who has assets, owns property, or supports loved ones needs an estate plan.

2. Estate planning only involves asset distribution after death. False. An estate plan can also be used to protect your assets while you are alive, protect assets for your loved ones after your death, designate a guardian for minor children, express your wishes for financial management and medical care in the event of your incapacity, manage tax exposure, and avoid the probate process.

3. All assets will be distributed through a will. False. Some assets may transfer through other means such as beneficiary, payable-on-death (POD), and transfer-on-death (TOD) designations.

4. An estate plan does not need to be updated once in place. False. Estate plans should be revisited over time to account for changes in the law and any major life events such as divorce, death of a family member, or acquisition of property.

The truth of the matter is that estate planning really is for everyone. While individual needs may vary depending on life situation and assets owned, an estate plan is an invaluable tool for protecting yourself, your assets, and your loved ones.

You conquered your own tax return this year, and if you are lucky, you are anxiously awaiting your refund. Much like online tax preparation services, there are numerous DIY services available to those interested in tackling their own estate plan. If you are mulling over your estate plan, you may be wondering if those DIY websites are worth a shot.

While online estate planning services can sometimes save time and money, the quality, personalization, and clarity of the end product some of these services offer may not always be sufficient to protect your loved ones from headaches after you pass away. The decision to establish an estate plan through an attorney or through an online legal service depends on numerous factors including the type and size of assets you own, familial complexities, and budget. An article recently published in Forbes provides some points of consideration if you are weighing the pros and cons of DIY estate planning.

While there is not necessarily a right or wrong answer as to how you should go about establishing your estate plan, making sure you get an estate plan in place sooner rather than later is always a good idea.

…that is the age-old question! In life, we learn from Shakespeare, “Love all, trust a few, do wrong to none.” But when it comes to managing your assets, is a trust really a good idea? The predictable answer: It depends. While there can be many benefits to establishing a trust, a trust may not always be necessary to accomplish one’s estate planning goals.

A recent piece in Forbes highlights the most compelling reasons why some individuals choose to put their assets into a trust. Some of these reasons include avoiding probate, protecting children or loved ones, and reducing estate taxes. Two different types of living trusts, revocable and irrevocable, can be utilized to accomplish different goals.

Alternatively, there may be other ways to achieve your estate planning goals without a living trust. For example, there are measures you can take to avoid probate without a trust such as setting up assets to transfer automatically upon your death. Assets that are held jointly with another person or that have beneficiaries or transfer/pay on death designees can be passed to loved ones outside of the probate process. Further, a testamentary trust can be written into a will to protect assets upon your death for the benefit of your children or loved ones. This type of trust would only come into existence upon your death. Additionally, Indiana and Ohio do not collect estate taxes, and the federal estate tax exemption is set at $11.4 million per person for 2019. As such, generally only very wealthy individuals in Indiana and Ohio will benefit from an irrevocable trust for the purpose of addressing estate tax concerns.

The decision to establish a trust can be complicated, but it should ultimately be based upon your personal estate planning goals.

If you are newly engaged or married, updating your estate plan is an important part of establishing your new life together with your spouse. Below are a few estate planning considerations for newlyweds:

1. Beneficiaries: After getting married, you may wish to update your beneficiary designations on retirement accounts, brokerage accounts, and life insurance polices to include your new spouse.

2. Property Titles: If you own real property or a vehicle prior to your marriage, you may choose to update your title to add your spouse as a joint titleholder.

3. Wills: You will likely wish to account for your new spouse as a beneficiary in your will. Additionally, if you plan to have children, you can utilize your will to choose a guardian and make a plan for passing assets to your children.

4. Powers of Attorney: Spouses typically designate each other as primary agents for purposes of making financial and medical decisions in the event of incapacitation.

Show your new spouse some love by planning for the future.

For 2019, the IRS has announced that the lifetime estate and gift tax exemption amount has increased to $11.4 per person, or $22.8 million for a married couple. This means that an individual may pass $11.4 million in assets without facing federal estate taxes. Married couples may still pass assets to each other upon the death of one spouse free of federal estate taxes. The surviving spouse may then elect to utilize the deceased spouse’s exemption amount (called “portability”) which would allow the surviving spouse to pass up to $22.8 million in assets free of federal estate taxes.

The annual gift exclusion amount remains at $15,000 for 2019. This means that each individual can gift up to $15,000 to an unlimited number of individual recipients without cutting into their $11.4 million individual lifetime estate and gift tax exemption allowance .

Check out this 2019 estate tax update from Forbes for more information on 2019 estate taxes.

Wondering where to start as you consider creating an estate plan? Thinking through this short and sweet checklist will give you a solid foundation for your estate plan:

• Beneficiaries: Who will get your assets when you pass away? Friends, family, charities?

• Specific Gifts: Do you have any special items such as family heirlooms or jewelry that you would like certain individuals to receive after you pass away?

• Trustee: Who will manage assets on behalf of your children if you pass away while they are young?

• Executor: Who do you trust to distribute your assets as you have spelled out in your will?

• Financial Representative (POA): Who should make decisions regarding your finances and other personal business if you become incapacitated?

• Health Care Representative (POA): Who should make medical decisions on your behalf if you become incapacitated?

• Living Will: If you are in a terminal state as determined by a physician and unable to make decisions on your own, would you like to receive life-prolonging care, or would you prefer to receive comfort care only?

Best wishes for a safe and happy holiday season to you and your family!

Looking for some reading material to pass the time as you travel this holiday season? Kiplinger’s comprehensive guide to estate planning provides a solid base of information for those thinking about creating or updating an estate plan. Consider discussing some key topics from Kiplinger’s guide with family and friends over the coming months:

• Does your existing estate plan still makes sense given your present situation in life and the current climate of estate tax law?

• Should you utilize a trust to handle asset distribution, protect your privacy, or avoid the probate process?

• What type of information could you share with your family members regarding your estate plan to ease tension and establish expectations?

• How should your assets be divided (equally or unequally) among your loved ones and when should those distributions be made?

• Should you make lifetime gifts to decrease the amount of assets you hold at the time of your death and to take advantage of the annual gift tax exemption?

Safe travels, and happy planning!

Five years have flown by! As always, thank you to my family, friends, and clients for your continued support in building this business. Over the past five years, I have had the opportunity to assist over 350 individuals with their estate planning needs. Meeting so many wonderful people and working together to develop custom, affordable estate plans has been an incredibly fulfilling and rewarding experience.

Even more importantly, our family has been blessed with three beautiful children over the last five years. Many of you know that the past year has been incredibly difficult for our family after the birth of our third child, our second with special needs. I will be forever grateful to my clients for your kind words, prayers, and flexibility this year as we have managed our child’s medical needs. Your compassion during this time is appreciated beyond measure. To those closest to us who stand behind us daily, your unwavering support is everything - thank you.

If you have created your will, congratulations - you are more prepared than over half of America! While a will is an essential piece of any estate plan, Kiplinger’s recently highlighted some important matters to consider after your will is in place:

1. Review beneficiary designations on life insurance policies and financial accounts.

2. Plan and even pay for your funeral ahead of time.

3. Account for “digital assets.”

4. Make sure no accounts are forgotten.

While getting your affairs in order may seem overwhelming now, addressing these items will save headaches for your loved ones in the future. A trusted financial advisor can be a valuable asset in making sure you have tied up all loose ends when it comes to your estate plan.

Soon after Aretha Franklin's death this August, news broke that the celebrity, worth an estimated $80 million, failed to create an estate plan prior to her death.  Franklin's attorney asserts that although the singer understood the need to create an estate plan, like many Americans, she just...never got around to it.

Under the laws of the State of Michigan, Franklin's assets would be divided equally between her four sons.  Because of Franklin's celebrity status, no estate plan means that there is a strong possibility that extended family members, friends, or other individuals will try to claim a stake in Franklin's estate.  Such contests could tie up Franklin's assets in the court system for many years to come.

So, how could Franklin and her family have benefited from an estate plan?

1. A will or trust would have eliminated questions regarding how Franklin's assets should be divided.  In addition to fending off potential claims from opportunists, by planning ahead, Franklin could have provided a clear plan for passing her wealth to her four sons, in particular her eldest son who has special needs and is represented by a legal guardian.

2. Franklin could have utilized a trust to keep her assets out of the probate court.  By eliminating probate court involvement, Franklin would have effectuated huge time and money savings for her family.

3. While a will would have provided a road map for dividing Franklin's assets, wills become public documents once they are filed with the probate court.  Trust documents, on the other hand, are not made public and would have allowed Franklin to manage her affairs privately.  Unfortunately for Franklin's family, the administration of her estate will be a very public ordeal.

Although decisions regarding what will happen to our assets after we pass away can seem daunting, planning ahead provides peace of mind for both the testator and the testator's family.  With a little planning, questions and controversy can be easily avoided.

Estate planners agree that family fighting is the main threat to estate planning.  Why?  While existing family conflict, a lack of communication, and unrealistic expectations are typical causes of inheritance-related drama, an increase in the number of blended families that include children from prior relationships and sometimes younger spouses may be to blame as well.

So, what can you do now to prevent family tension in the future?  Check out these three tips from the writers at CNBC:

1. Address family conflict directly with your estate plan.  Failing to create an estate plan will only add to existing family drama.  By creating a clear estate plan, you reduce the potential for disagreement among family members regarding your wishes after you pass away.

2. Inform your family ahead of time.  Make sure you thoroughly explain your estate plan to your family members to help them understand not only what to expect, but why certain decisions were made.

3. Update your estate plan over time.  A change in your family situation should trigger a review and potential update of your estate plan.  It may also be beneficial to review and update your estate plan in response to new tax laws as well.

A little planning today can protect your family from conflict down the road.

If you have gone through or are currently going through a divorce, your to-do list may seem overwhelming.  However, it is important to make sure you consider updating your existing estate plan as you work through this process.  There are a few quick changes that can be made during the divorce process, while other changes may need to wait until your divorce is finalized.

1. Revoke your existing financial and health care powers of attorney and renew with updated designations.  You likely do not want your former spouse managing medical and financial decisions on your behalf.  These changes can be made even before your divorce has been finalized.

2. Update beneficiaries on retirement accounts and life insurance policies.  Many times, these designations cannot be altered during the course of the divorce process, but it is a good idea to check to make sure.  Once your divorce has been finalized, you should be able to move forward with changes as you wish.

3.  Update your existing will or trust to appoint a new executor or trustee, beneficiaries, and a backup guardian if you have minor children.  If you have an existing will or trust, you likely appointed your spouse to the role of executor or trustee.  Now that you have decided to divorce, you may wish to select a different individual to manage your assets upon your death.  You will also likely leave your assets to your children or other family and friends once your divorce is finalized.

For more tips on managing your estate plan during and after divorce, a recent article in Forbes provides a helpful checklist.

A will is an essential element of any estate plan.  The will takes care of transferring only probate assets.  This means that the will directs how assets that do not transfer automatically upon the owner's death should pass.  Non-probate assets, however, transfer according to how they are titled.  For instance, your life insurance policies and retirement accounts pass automatically to the beneficiaries you have designated upon your death.  Additionally, if you hold assets jointly with your spouse or child, those assets pass automatically to the surviving joint owner upon your death.  Some accounts and real estate can also be designated to automatically "transfer on death" to a beneficiary.  Generally speaking, your will then catches and distributes all other assets through the probate process.

For more information on how titling your assets can impact your estate plan, check out this article in Daily Local News.

Do you really need an estate plan?  Is it really that important?  In a piece contributed to Forbes, Certified Financial Planner® Joel Johnson describes the three main reasons individuals create estate plans:

1. Minimizing probate fees and taxes after death.  There are many tools available to transfer assets outside of the probate process such as designating homes, cars, and bank accounts to transfer automatically upon one's death, setting up beneficiaries on retirement accounts and insurance policies, and transferring assets prior to death.  While Indiana and Ohio do not collect estate taxes, gifts during life and irrevocable trusts can be utilized to avoid federal estate taxes for large estates.

2. Protecting assets during life.  While Johnson's piece specifically refers to planning ahead for the cost of a nursing home (often referred to as "Medicaid planning"), this point can be expanded to include protection of one's interests during life through the use of financial and medical powers of attorney.  While Medicaid planning can be an important part of an estate plan, determining who will handle your financial affairs and medical decisions in the event that you are incapable of doing so is a crucial function of an estate plan as well.

3. Controlling assets.  Controlling how one's assets will be distributed after death is typically the main goal of an estate plan.  In order to have confidence that your assets will be distributed as you wish upon your death, it is imperative that you establish some sort of estate plan.  Without an estate plan, you relinquish control over your assets which often leads to court and familial battles that are less than ideal.

Is the fear of upsetting family members holding you back from completing your estate plan?  You are not alone.  Many of us worry that relatives will disagree over bequests made by will.  On the other hand, some individuals incorrectly assume that no argument will occur.  The behavior of friends and family after a death occurs can never be predicted.  A recent article in the New York Times provides a few helpful tips to prevent fighting among family members after you pass away:

1. Have difficult conversations ahead of time.
2. Think through the trusteeship appointment and any possible conflicts that could arise.  Consider appointing a trustee outside of your circle of friends and family.
3. Include trustee replacement provisions in your trust if you have one.
4. Consider separate trusts for each beneficiary.
5. Provide ethical guidance to beneficiaries in your will.

So, you have gone through the motions, you have made the decisions, you have finalized your will, living will, powers of attorney, and other estate planning documents.....but do you remember where you put them?  A lost estate plan is as effective as no estate plan at all.  Unfortunately, lost estate plans are all too common and can lead to big headaches for your loved ones down the road. 

A vital part of the estate planning process is storing your documents in a safe place and making sure your friends or loved ones know where to find them.  Where should you store your estate planning documents?  While any safe place will do, below are a few good options:

• A fireproof safe in your home.  Make sure your family or executor know how to access the documents.
• A safe deposit box.  Again, make sure family members or appointed agents have full access to the safe deposit box.
• Your lawyer's office.  Some attorneys will store wills on behalf of their clients.  Make sure your loved ones know how to get in touch with your lawyer to access your documents.
• Your local probate court.  By filing your will with your local probate court prior to your death, you can eliminate the risk of losing your will.
• Your doctor's office.  By keeping copies of your health care power of attorney and living will on file with your doctor's office, you save your loved ones time and energy needed to search for these documents when they become necessary.

The most important part of storing your estate plan is letting your friends and loved ones know where these documents can be found for ease of access when the need arises.  It is also a good idea to store a list of your bank accounts, contact information for your financial planner and attorney, email and social media accounts, and all passwords in a safe place that can be accessed by your loved ones in the event of your incapacity or death.  As always, the best way to ensure proper execution of your estate plan is to plan ahead.