Confronting your parents about what can happen in case of no estate planning after their death is super uncomfortable, but you’ve to do this as there’s no other way. It’s a conversation that needs to happen to prevent future complications.
If you do not have an estate plan, your parents’ estate will have to go through the probate process. This means assets will be distributed according to intestate laws, disregarding the parents’ wishes or commitments to you. If you don’t want this, read this article!
Your family needs to know your estate planning wishes so that their goals can be respected and the assets can be distributed properly. In this guide, we’ll explain how to talk to your family about estate planning and why it is important.
Why Is It Important To Talk To Family About Estate Planning?
It’s important to talk to family about estate planning for many reasons. First, it raises awareness about the benefits and processes involved, potentially encouraging families to consider creating their own estate plans.
Apart from that, estate planning involves an emotional aspect, which is death, which many tend to overlook. Your loved one will accept this reality of life and might consider their legacy, what they want for the family, grandchildren, and funeral wishes.
They can articulate their final wishes in documents after consulting with the lawyers and providing clear guidance for their affairs after they pass away. This will ease the burden on children, and other family members left behind.
Tips For Effective Communication With Family About Estate Planning
We explained why it’s important to talk to your family about estate planning. Now, here are tips for effective communication with family about estate planning. These tips will help you start this important conversation as best as possible.
1. Don’t Wait Too Long
Our first tip is to don’t wait too long to start discussing estate planning at your home. The right time is now, but just make sure the time you’re choosing isn’t an emergency situation, as your family might not listen to your ideas at a time like this.
Once you’ve chosen the right moment, introduce the topic by sharing relevant stories or insights. For example, you could discuss the non-taxable rule regarding gifting a sum like $18,000 annually, emphasizing the importance of strategic gifting within estate planning.
2. Raise Awareness of Implications
Don’t forget you have to discuss estate planning and raise awareness about its implications. You should also communicate how it will help the family protect the legacy and overall wealth for the next generation.
You can explain to your parents or grandparents how they can choose a responsible person to manage the business or assets if incapacitated. By highlighting these aspects, you raise awareness about the security and peace of mind that estate planning can provide.
3. Address Their Questions and Concerns
When you discuss estate planning with your family, they might have questions and concerns. It’s crucial to address each query to ensure they fully understand the process and its implications so they can make informed decisions.
If possible, seek guidance from legal experts through free consultations offered by many law firms. Professional advice can help make your family’s mindset regarding estate planning.
4. Discuss The Benefits of Planning Ahead
Don’t just focus on the importance of estate planning but also the benefits of planning. Discuss difficulties that arise when estate planning is left until an emergency, where decisions made hastily may have long-term repercussions on the family.
Encourage discussions to do the estate planning on time when there’s no immediate urgency. Share scenarios where advanced estate planning for situations like when the owner of assets is on an out-of-country trip or hospitalized can protect the family’s future.
5. Utilize Free Estate Planning Webinars
Take advantage of free estate planning webinars offered by numerous law firms. These webinars cover a range of topics, from basic estate planning principles to advanced strategies for asset protection, which can be extremely helpful to your family.
How Do I Talk To My Dad About His Will?
Timing is key when approaching your father about the Will. Choose a moment when your father is free, relaxed, and willing to talk. Begin the discussion by selecting your words carefully so that there will be no confusion about your intentions.
Remember, how you initiate the conversation matters a lot. Your father may misinterpret your intentions, assuming it’s solely about money, even if that’s not true. So, it’s important to show that discussing the Will only means being prepared for unforeseen circumstances.
Don’t forget to discuss his wishes for the family and business with your father. This way, they’ll genuinely understand your intentions are broader than just finances and that you’re truly worried for the sake of the family’s future.
Final Words
We’ve guided you through talking to your family about estate planning. Now, it’s up to you to take action based on these tips. Remember, the sooner you initiate conversations, the better for your family’s future, as estate planning is a process that requires time.
If you need further assistance, you can contact our expert estate planning lawyers. Our estate planning checklist offers a comprehensive package that includes determining your assets, naming beneficiaries, and appointing financial and healthcare agents.
Dustin MacFarlane’s primary focus is on Elder Law and protecting families and seniors. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Specialization — a rare distinction.
Prior to becoming an attorney, Mr. MacFarlane worked in the Long Term Care industry. After becoming licensed to practice law in January of 2009, Elder Law quickly became his focus. Seeing the need during his former career, Mr. MacFarlane pursued Elder Law as a primary area of practice.