Estate Planning for Singles: 10 Things to Know
Estate planning for singles is deceptively complex. Here's how to break it down.
Estate planning for singles is crucial for your long-term peace of mind. It lays out what you want to happen to your assets after death and during situations when you can’t make decisions. But if you've never married or were married a long time ago and have no children, don't assume estate planning is a breeze. It's not.
"People often think estate planning will be simpler in this situation, [but] it's a lot more complicated," said James C. Bartholomew, an estate planning attorney in Bend, Oregon. "That's why getting the right documents and plans in place is so important."
Estate planning for singles: Why it's different
There are a few reasons why estate planning for singles can be tricky.
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First, many older retirees are female, so estate planning for women is critical. Women have unique issues to consider, such as longer lives and more pressure to leave work to be caretakers, for example.
Second, many singles have fewer resources to pay for estate planning. There are ways to save money on an estate plan, if need be. (If you are single and wealthy, you should look into special trusts and other tips for estate planning for millionaires.)
The number of single, child-free Americans over 50 continues to grow. If you’re among them, here's what you need to know:
1. Having no estate plan can put a stranger in charge
If you die without an estate plan, a.k.a. intestate, the courts distribute your property according to state law. The courts also pick someone to make healthcare decisions and manage your money when you cannot.
For someone with a spouse and/or children, it can work out because state laws pick these immediate relatives by default. But if you're single, state laws will go down your list of relatives — parents to siblings to nieces and nephews, aunts and uncles and cousins until they find a match.
"The further a relative is down this list, the less likely they are to be who the person would have named," says Bartholomew.
If you have no living relatives, the courts will pick a guardian for you. The state will also keep your property if you have no living relatives and die without an estate plan.
2. List your healthcare wishes ahead of time
You can use a healthcare power of attorney to pick someone to speak with doctors about your medical situation and help make decisions for your care. If you name a close friend, make sure they can come see you and wouldn't be blocked by hospital visitation rules.
You could also draw up an advance directive laying out your desires for end-of-life care, such as whether you want to stop aggressive treatment if you have no chance of survival.
3. Decide who will manage your money
A financial power of attorney names someone to manage your financial accounts and pay your bills when you cannot.
This role can usually be handled by a nonprofessional, with the support of your professional advisers. A sibling, a niece or nephew or a close friend are possibilities. Make a list of your financial accounts for this person, as well as the names of your advisers.
4. Plan your inheritance and update as needed
A will lays out where you want your property to go after you pass away. You can leave property to friends, charities and other organizations; it's not just restricted to family.
You could also leave money behind to care for a beloved pet and name who will look after it when you're gone. You could set up a trust fund to pay out a set amount each year to make sure your pet is taken care of.
Your will should name an executor to oversee the process of distributing the inheritance. You could use a friend or family member for this role. You could also hire a professional from a bank, a lawyer or an accountant. You can hire an attorney to create all your estate plan documents or you could use online services like LegalZoom or Trust & Will.
Make sure to review every three to five years and update estate plan documents as your life and priorities change.
5. Trust funds streamline the process
A revocable trust fund is a legal entity that can hold your property, such as bank accounts, brokerage accounts and real estate. But since it's revocable, you can take the property back whenever you want.
You set up a revocable trust with a trust company or the trust division of a bank. If you become incapacitated, your contact at the trust company manages the accounts on your behalf and pays your bills.
There are benefits to working with a professional. A good professional knows the details of the work, has experience and has the time to do this work. There is the possibility that you select someone you know and trust, but their life circumstances change by the time they have to step up to this work, which is also why a professional can be a good choice.
When you die, you also list instructions in the trust fund for distributing your assets. You sidestep probate, the court process of reviewing your will. A trust fund costs about 1% per year of the assets you put in, according to estimates.
6. State inheritance tax laws are a potential problem
You can leave up to $15 million in 2024 without owing federal estate taxes. However, 17 states and the District of Columbia charge estate and inheritance taxes with lower exemptions, especially for single people.
"A lot of exemptions are based on family relationships," said Bartholomew, the estate planning attorney from Oregon.
For example, New Jersey doesn't charge inheritance taxes on property left to spouses, civil union partners, children, grandchildren and parents. But leave property worth $500 or more to more distant relatives or friends, and the state will tax it at rates of up to 16% — no exemptions.
7. You can pre-arrange your funeral
If you plan your funeral ahead of time, that takes another uncomfortable decision off the hands of your relatives and friends.
You could pre-arrange a package with churches, cemeteries and funeral homes. You could pre-pay while alive, or your executor could pay out of your assets after you pass. If you pre-arrange a funeral, make sure to document what the other party agreed to on costs, and let relatives or loved ones know where they can find this information.
8. Make your long-term-care plan
This should be one of your most significant areas of focus. Consider what you want to happen if you need help being taken care of after a severe illness or injury. You could use an in-home nursing service if you want to age in place and stay out of a nursing home as long as possible.
If that's what you want, think about how you'd pay for long-term care, either using long-term care insurance, a hybrid life insurance policy with long-term care coverage or your savings. You should also modify your home so you can still manage it after a decline in physical abilities.
9. Be careful when dating
It's possible to find love at any age. But keep your guard up if you enter a new relationship, whether in real life or online, as dating scams are unfortunately very real, especially for people with assets.
You can avoid being taken advantage of by maintaining separate finances and not giving the new person control over your accounts or making them your financial power of attorney.
Online dating and social media have increased the vulnerability of those seeking romance. In a practice known as catfishing, scammers steal the social media identity of another person to woo potential lovelorn victims online, eventually asking for loans, favors or help paying for travel to meet in person. It's a good idea to be on the lookout for general financial frauds and scams these days, as con artists use artificial intelligence and deepfakes to make their scams even more challenging to spot.
10. Find others to check up on you
Consider teaming up with another relative or close friend to make sure you're both OK. You could schedule a daily check-in call or text message. You might ask the person with your financial power of attorney to keep an eye on your spending. If there are any unusual purchases, he or she should make sure you’re still making appropriate decisions.
Stay active in groups and activities. If you stop showing up, someone likely will check up on you. It's good for your mental well-being as well.
Note: This item first appeared in Kiplinger Retirement Report, our popular monthly periodical that covers key concerns of affluent older Americans who are retired or preparing for retirement. Subscribe for retirement advice that's right on the money.
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