Estate Planning for Millennials
In the rapidly evolving landscape ofEst the 21st century, where digital footprints are as significant as physical assets, and traditional life milestones increasingly arrive in non-linear sequences, the concept of estate planning for millennials emerges not just as a prudent measure, but as a vital component of responsible adulthood. This generation, often characterized by digital savviness, diverse asset portfolios, and unique familial structures, faces the complex task of navigating the future of their legacies in ways that previous generations could scarcely imagine. Estate planning, for millennials the traditional boundaries of wealth and asset distribution, encompassing a broad spectrum of considerations from digital asset management to healthcare directives, ensuring that values, possessions, and personal wishes are honored in both life's unforeseeable turns and its eventual certainties.
Why Is It Important for Millennials To Have an Estate Plan?
Estate planning is important for everyone, including millennials, for several reasons. While it might seem premature for younger adults to think about estate planning, it plays a crucial role in managing your financial and personal affairs, both during life and after death. Here are some key reasons why millennials should consider having an estate plan:
Asset Distribution: Estate planning isn't just for the wealthy. Even if you have a modest amount of assets, you'll want to control how they're distributed after your death. Without an estate plan, state laws will determine how your assets are distributed, which might not align with your wishes.
Healthcare Decisions: An estate plan often includes a healthcare power of attorney or directive, which allows you to designate someone to make medical decisions on your behalf if you're unable to do so. This can be vital in unexpected health emergencies.
Financial Decisions: A financial power of attorney allows you to appoint someone to manage your finances if you become incapacitated. This can include paying your bills, managing your investments, and ensuring that your financial responsibilities are taken care of.
Digital Assets: Millennials, more than previous generations, hold significant digital assets, which can include social media accounts, digital currencies, and online businesses. An estate plan can address who has the right to access and manage these digital assets after your death.
Child Guardianship: For millennials with children, an estate plan is critical to designate guardians for minor children in the event of the parents' untimely death or incapacitation. Without such a designation, the court will decide who will raise your children.
Avoiding Probate: Many aspects of estate planning, such as the creation of a living trust, can help your estate avoid probate, the legal process through which a deceased person's assets are distributed. In some states probate can be lengthy and costly, as well as public, so avoiding it through careful planning can be a significant benefit.
Peace of Mind: Knowing that you have a plan in place can provide peace of mind to you and your loved ones. It ensures that your wishes are known and can be followed, reducing stress and conflict during difficult times.
Charitable Giving: If you are passionate about supporting certain causes, an estate plan can include provisions for charitable giving, ensuring that your legacy includes support for the organizations important to you.
In considering these points, it becomes clear that estate planning is not just a task for older generations but a crucial step for millennials to ensure their wishes are respected and their loved ones are protected. Engaging in estate planning early also allows for adjustments over time as life circumstances change.
What Should Be Part of an Estate Plan for Millennials?
For millennials, crafting an estate plan that reflects unique life stages, assets, and wishes is essential. Here are key components that should be considered as part of an estate plan:
Will: A Will outlines how your assets should be distributed upon your death. It can specify guardians for minor children, asset distribution wishes, and even instructions for pets. Without a will, state laws determine the distribution of your assets, which may not align with your preferences.
Health Care Proxy or Medical Power of Attorney: This document allows you to appoint someone to make healthcare decisions on your behalf if you're unable to do so. This is crucial for ensuring that your healthcare wishes are respected, especially in situations where you're incapacitated.
Living Will or Advance Healthcare Directive: A living will provides instructions regarding your preferences for medical treatment if you become incapacitated and unable to communicate your wishes, especially concerning end-of-life care. This document supports the decisions made by your Health Care Proxy or Medical Agent.
Durable Financial Power of Attorney: This document designates someone to handle your financial affairs if you become incapacitated. This can include paying bills, managing investments, and making other financial decisions on your behalf. Without a proper Power of Attorney in place, a guardian would likely have to be appointed in the event of your incapacity.
Beneficiary Designations: Many financial accounts (like retirement accounts and life insurance policies) allow you to name the beneficiaries who will receive the assets in those accounts upon your death. Keeping these designations up to date is crucial, as they often override instructions in a will, and may not align with the terms of a Will, particularly when assets become payable to minors.
Digital Asset Management Plan: Given millennials' extensive use of digital platforms, including social media, online banking, and digital currencies, it's important to include a plan for managing these digital assets. This should outline how to access these assets and what should be done with them.
Trusts: Although not everyone needs a trust, they can be valuable for avoiding probate, managing assets for minor children, and addressing specific wishes regarding asset distribution. A revocable living trust, for example, can provide flexibility and control over how your assets are managed and distributed during your lifetime and after death.
Letter of Intent: This document can provide additional context to your will or trust, expressing your wishes regarding the distribution of specific items or your funeral arrangements. While not legally binding, it can help guide your loved ones and executors.
Guardianship Designations: For millennials with children, naming a guardian is critical. This ensures that your children are cared for by the people you trust in the event of death or incapacity.
Estate Plan Inventory: Creating an inventory of your assets (including digital assets), debts, and key contacts (such as your attorney, accountant, and financial advisor) can be incredibly helpful for the executors of your estate.
Insurance Policies: Life insurance can be a crucial part of an estate plan, especially for those with dependents or significant debts. It can provide financial support to your beneficiaries after your death.
Including these components in an estate plan can help ensure that millennials' financial and healthcare wishes are respected, their dependents are cared for, and their assets are distributed according to their preferences. It's also important to review and update your estate plan regularly, especially after major life changes like marriage, divorce, the birth of a child, or significant changes in assets.
Tags
Getting in touch
About us
Borenstein, McConnell & Calpin, P.C. is a Wills & Estate Planning law firm serving Central and Northern New Jersey, as well as New York City. We strive not only to give you a great client experience, but to become your trusted adviser for life. To reach Alec, please send an email to alec@bmcestateplanning.com.
NJ Offices:
155 Morris Avenue, Suite 201
Springfield, NJ 07081
3 Werner Way, Suite 230
Lebanon, NJ 08833
NY Office:
4607 Fort Hamilton Parkway
Brooklyn, NY 11219