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The Importance Of Updating Your Estate Plan

The Importance Of Updating Your Estate Plan

Updating Your Estate Plan: When Life Changes, So Should Your Documents

If you have an estate plan in place, you are already on the right track, but it’s important to know that even the best estate plan in the world can become outdated—and even dangerous—if you don’t keep it current. Attorneys such as our friends at The J M Dickerson Law Firm know that updating your estate plan is just as important as creating one in the first place.

Your life isn’t frozen in time. So why should your plan be? This article is your friendly reminder that estate planning is not a one-and-done deal. It will outline:

  • Why estate plans need updating
  • What life events should trigger a review
  • How often to revisit your plan
  • What can go wrong if you don’t (and how to avoid it)
  • How to update your plan the right way

Let’s make sure your legacy keeps up with your life.

The Big 3 Reasons To Update Your Estate Plan

Estate plans should be updated periodically to reflect new situations and changes in life, but they should especially be updated for the following: 

1. Major Life Events

  • Marriage or divorce (yours or your children’s)
  • Birth or adoption of a child or grandchild
  • Death or incapacity of someone named in your documents
  • Big moves—especially to another state
  • Changes in family relationships

2. Financial Changes

  • You bought or sold a home
  • You changed jobs or started a business
  • Your investments ballooned—or shrank
  • You acquired property out of state
  • You retired or started drawing Social Security

Estate plans are built around your financial picture. When that changes, the math—and the strategy—may need to shift too.

3. Changes in the Law

Tax laws, inheritance laws, and healthcare directives evolve over time. What worked five or ten years ago might be ineffective—or even invalid—today.

A good trust lawyer can help you keep up with the law so you don’t have to.

Checklist: 19 Events That Should Trigger A Review

This is not an entirely comprehensive list, but it is a good starting point for events that should call for a review of your estate plan.

Changes Involving You or Your Spouse:

  • You got married or remarried
  • You got divorced
  • Your spouse passed away or became incapacitated
  • Your health has declined

Changes Involving Your Children or Beneficiaries:

  • You had or adopted a child
  • A child or beneficiary got married or divorced
  • A child or beneficiary developed health issues or addiction
  • A beneficiary had a major change in wealth (up or down)
  • Someone became financially irresponsible or estranged

Changes in Your Assets or Location:

  • You bought or sold property
  • You moved to another state
  • Your investments significantly changed
  • You started or sold a business
  • You received an inheritance
  • You retired

Changes Involving Fiduciaries:

  • A trustee, executor, or guardian passed away
  • Someone you’ve named is no longer the right person
  • Your relationships with them have changed

The Timeline For Reviewing Your Plan

Every estate plan is different, and the need to review it will also be different, but a good rule of them is to review your estate plan:

  • Every 1–3 years at minimum (Even if nothing has changed, it’s worth a quick check-in.)
  • Any time a major life event occurs (use the checklist above)
  • Any time you have a nagging feeling something’s outdated

Parts Of The Estate Plan That Typically Needs Updating

Common components that are more likely to change and need updating include:

  • Beneficiaries (on wills, trusts, retirement plans, life insurance)
  • Guardians for minor children
  • Executors, trustees, agents under power of attorney
  • Trust instructions and distributions
  • Asset alignment (Are your assets titled correctly? Are they in the trust?)
  • Medical directives and living wills
  • HIPAA releases (So the right people can talk to the right doctors)

How To Update Your Estate Plan Safely And Effectively

Estate planning documents are legal instruments, and the wrong “edit” can invalidate the whole plan. Here’s the proper approach:

  1. Review your existing documents
  2. List the changes you want
  3. Meet with your estate planning attorney
  4. Draft updated documents (or an amendment)
  5. Re-execute with proper witnesses or notaries
  6. Destroy outdated versions—safely!
  7. Notify key people of updates

If you’ve created a trust, make sure any new assets are properly titled in the name of the trust. Otherwise, they may not be covered.

Your Estate Plan Is A Living Document—Not A Time Capsule

Think of your estate plan as a reflection of your life. If your life has changed, it deserves an updated reflection. It’s not about fixing something broken—it’s about keeping something precious finely tuned.