RESPECT Yourself and Complete Your Estate Plan

By Nate Loftin, Esq.

Aretha Franklin, the legendary Queen of Soul, left behind a legacy that will forever be remembered. But what many people didn't expect was the discovery of her last will and testament hidden in a most unexpected place – her couch! Yes, you read that right. It seems even icons like Aretha can have their estate planning overlooked or forgotten. So, let's take this as a lesson to plan ahead and ensure our loved ones are taken care of when we're no longer here. Below, we discuss the importance of having a will and, more importantly, a living trust in place, and how it can provide peace of mind for you and your family.


Aretha Franklin's Will Found in Her Couch


Aretha Franklin's will, found hidden in her couch, became a surprising headline that caught people's attention worldwide. It's hard to believe such an important document could end up hidden amongst the cushions. Still, it serves as a reminder that even the most accomplished individuals can overlook or procrastinate on estate planning.


The discovery of Aretha's will highlights the importance of being proactive and taking control of your own financial and personal affairs. By having a clear plan in place, you can ensure that your wishes are carried out exactly as you intended, without any confusion or disputes among family members.


While finding a will in a couch may seem like an extreme case, it is not uncommon for individuals to delay creating their estate plans. Whether it's due to fear, uncertainty, or simply putting it off until later, many people fail to take this crucial step toward protecting their assets and providing for their loved ones.


Having a properly executed will and trust is essential because they allow you to designate beneficiaries for your assets and specify how you want them distributed after your passing. This ensures that your property goes to those whom you truly wish to benefit from it and also when they will receive your property.


Furthermore, by establishing guardianship provisions within your will if you have minor children or dependents with special needs, you can ensure they are protected and cared for by trusted individuals who share your values.


Plan Ahead with an Estate Plan


Planning for the future is essential, and one crucial aspect that often gets overlooked is creating your estate plan. While it may not be the most pleasant task to think about, having your estate plan in place can provide peace of mind and ensure your wishes are carried out after you're gone. By taking the time to create a will while you're still alive and well, you can avoid potential conflicts or confusion among loved ones later on.


When planning ahead with a will, it's important to consider all aspects of your estate. This includes not only tangible assets but also any debts or liabilities that need to be addressed. By clearly outlining these details in your will, you can help alleviate stress for your loved ones during an already difficult time. 


Additionally, updating your will regularly is equally important as life circumstances change. Whether it's due to marriage, divorce, the birth of children/grandchildren, or acquiring new assets – keeping your will up-to-date ensures accuracy and reflects any changes in how you want things handled.


Planning ahead with a will grants control over how your estate is managed when no longer around. It provides clarity for loved ones left behind and helps minimize potential disputes among family members. Taking this step now demonstrates respect for yourself by ensuring that everything is taken care of according to your plans rather than leaving uncertain outcomes behind!


Better to Have a Trust


When it comes to estate planning, having a will is good, but having a trust can provide numerous benefits and advantages over a simple will. While both documents serve the purpose of distributing your assets after you pass away, a trust offers more flexibility, control, and convenience.


One major advantage of having a living trust is that it allows you to avoid probate. Probate is the legal process in which a court validates and executes a person's will. This process can be time-consuming, expensive, and public. By utilizing a trust, you can bypass probate altogether and ensure that your assets are distributed according to your wishes without any unnecessary delays or costs.


Additionally, trusts offer privacy. Unlike wills which become public record upon death, trusts remain private documents. This means that the details of your estate plan - including who inherits what - will not be made available for anyone to see.


Another benefit of having a living trust is the ability to plan for incapacity. With certain types of trusts, such as revocable living trusts, you have the power to appoint someone as your successor trustee who can manage your affairs if you become unable to do so yourself due to illness or disability.


By choosing to set up a living trust as part of your estate plan instead of solely relying on just a will, you gain added control over how your assets are managed during incapacity and after death while ensuring privacy and avoiding potentially lengthy probate proceedings.


Finding Aretha Franklin's will in her couch should serve as inspiration for all of us to prioritize our estate planning. Don't wait until tragedy strikes or unforeseen circumstances arise – take action now! By consulting with an experienced attorney specializing in estate planning, you can create a comprehensive plan tailored specifically to meet your unique needs and goals.


Remember: respect yourself, don't be added to the "chain of fools," and contact Law & Stein, LLP to update your estate plan or get your estate plan in place today!

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The Law & Stein Newsletter is a monthly publication to share useful information with our clients in matters of estate planning, tax planning, inheritance dispute litigation, elder abuse, probate and business litigation, and premises and product liability defense.

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