Some estate planning issues are obvious. But some things can present a problem if not disclosed, no matter how uncomfortable it is.
For some of these questions, you may be the only living person who does know the truth, so be honest and upfront with your estate-planning attorney at the very least, and there won’t be any uncomfortable surprises when you’re gone.
Five Awkward Estate Planning Questions
- Are there any descendants you haven’t mentioned? Undisclosed beneficiaries raise some difficult issues in planning, but even moreso if they become disclosed at a funeral or during probate. Be sure and give your estate attorney a heads up as to who may have legitimate claims to property or assets, even if it’s not a widely known fact.
- Have you disclosed all the important relationships in your life? Your estate attorney is there to make sure there are no loose ends after your passing, so help him or her out. If you had a previous marriage, domestic partnership, or civil union, disclose it now to avoid lawsuits and court battles over assets later.
- Do you have genetic material stored anywhere? If you have sperm, eggs, or embryos currently stored for later use, your estate should plan for how to handle them. Document your wishes for future use or disposition and ask your attorney to coordinate them with clinic agreements and any required consents. Planning for future children also requires attention to Washington’s parentage rules, including special requirements when assisted reproduction occurs after a person’s death. Source: RCW 26.26A.635.
- Are you transgender? If you have changed your name or gender designation, discuss how your identity is recorded in your estate-planning documents, property records, and beneficiary designations. Requirements differ by document and issuing agency, so your attorney can help identify which updates are appropriate.
- Who is going to take care of your pets? You may not need to set up a full trust to care for your shelter mutt, but it would be nice for family or friends to know, be willing and able to care for your pets after you pass. Think about it ahead of time and avoid additional stress on your animals.
Over the past 34 years, the Law Offices of Christopher A. Benson has helped clients with estate planning. Contact our Federal Way office for a free initial consultation to discuss your goals and planning options.
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