Estate Planning Advice on Social Media Isn't All Garbage, But It Can Still Cost You Dearly
Estate planning tips on social media don't always contain misinformation, but what worked for one family may end up causing yours a whole heap of trouble.
It happens daily. Someone joins a local social media group asking for recommendations for an estate planning attorney. In a matter of minutes, the comments start coming.
"You have a will — that's enough."
"You don't need an attorney."
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"Just get a Lady Bird deed."
While most of the comments are probably coming from a good place, turning to social media for estate planning guidance overlooks one important fact: No two estate plans are the same. A strategy that worked well for one family may be inappropriate for another because everyone's goals, dynamics and circumstances are different.
Before taking advice from a fellow social media user, keep in mind that the most valuable part of estate planning isn't choosing the right documents — it's asking the right questions and seeking guidance from a licensed professional.
While there's a lot of misinformation on social media, the estate planning advice you'll get there isn't necessarily wrong — it might just be the wrong fit for your plan.
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The author of this article is a participant in Kiplinger's Adviser Intel program, a curated network of trusted financial professionals who share expert insights on wealth building and preservation. Contributors, including fiduciary financial planners, wealth managers, CEOs and attorneys, provide actionable advice about retirement planning, estate planning, tax strategies and more. Experts are invited to contribute and do not pay to be included, so you can trust their advice is honest and valuable.
Consequences of poor estate planning
For example, let's consider a mother who signs a Lady Bird deed leaving her home equally to her children. This estate planning tool allows homeowners to transfer their property to chosen beneficiaries upon their death, maintaining complete control and ownership of the home while they're still living.
Unfortunately, one child passes before her, leaving their children behind. As the deed was never updated, it's unclear whether the surviving sibling or the grandchildren will get the deceased child's share. That decision could become an expensive battle that gets hashed out in court.
In many cases, parents know what they want to happen but don't update their estate plan to reflect those wishes as life changes. If plans aren't updated regularly, or properly drafted, the way assets are distributed may not align with what the owners intended.
Start by asking the right questions
The estate planning process doesn't begin with a document, it begins with asking the right questions.
To better understand your family, an estate planning attorney might ask questions such as:
- What do you want your plan to accomplish?
- If one of your children dies before you, who do you want to receive that child's share?
- Do any beneficiaries have a disability or receive government benefits?
- Could a beneficiary's divorce or financial difficulties affect an inheritance?
- Have there been any major life changes, such as marriages, divorces, births or deaths, since your plan was created?
The answers you give will help determine which estate planning tools are most appropriate.
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Social media strategy
The next time someone online recommends an estate planning strategy, keep in mind that no one on social media knows your family's dynamics.
An estate plan that's worked well for someone else doesn't make it the right plan for you.
An estate planning attorney asks the questions that reveal what you want your plan to accomplish.
Simply having legal documents in place isn't enough, especially when they don't reflect your current wishes.
Once your plan is drafted, it should be reviewed periodically to ensure it aligns with your current circumstances.
Related Content
- 10 Things You Should Know About Estate Planning
- I Have Two Homes, But Three Kids. Can My Estate Plan Be Fair?
- An Overlooked Way to Pass Down Your Home Without Probate: The Life Estate
- Estate Planning in Six Manageable Steps
- Don't Disinherit Your Grandchildren: The Hidden Risks of Retirement Account Beneficiary Forms
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Patrick M. Simasko is an elder law attorney and financial adviser at Simasko Law and Simasko Financial, specializing in elder law and wealth preservation. He’s also an Elder Law Professor at Michigan State University School of Law. His self-effacing character, style and ability have garnered him prominence and recognition throughout the metro Detroit area as well as the entire state.