Fights over wills are growing as the population ages: Loss of mental capacity is a sad situation for anyone, aggravated by unhappy relatives
https://t.co/NyNi0hja52
One estate planning mistake I see far too often:
Naming the person who will serve as your child's guardian as the contingent beneficiary of your life insurance or retirement accounts.
The thinking usually goes something like this: "If something happens to us, they'll be raising our children anyway... and this avoids probate."
Unfortunately, this can create a host of unintended consequences.
Even if that person is completely trustworthy, they become the legal owner of those assets - not merely someone holding them for your children. That means:
- They're under no legal obligation to use the funds for your children.
- If they pass away, the assets become part of their estate.
- If they get divorced, those assets could become part of the divorce proceedings.
- If they're sued or have creditor issues, those assets may be at risk.
- If you forget to change the beneficiary designation after your children become adults, the money could still end up going to the wrong person years later.
The goal is usually a good one: protect the children and simplify the process. The solution, however, is almost never to name the guardian as a beneficiary.
The Florida Protected Series Act went live 7.1.26. It has interesting advantages and disadvantages. It'snot as simple as people think. We are doing a deep dive on it and will report back soon with a clear and comprehensive overview for both clients and professionals. I'm actually super excited to jump in! Have a good Fourth!