Difficult But Necessary Estate Planning Questions

While many people are probably uncomfortable dealing with issues that force them to confront their own mortality, a testator might want to consider asking himself or herself the following questions so that they provide the following information to his or her attorney.

• The testator might want ask themselves who should raise his or her children if both him and his spouse die?
  • This question could also apply to pet owners, in that a testator might want to think about who will take care of his or her pet following the owner’s death.
• A testator might also want to ask himself about who should the receive the testator’s property if every person that the testator would normally bequest their property all died in a common accident?
• A testator might also want to disclose information that could alter the estate plan, such as if the testator has descendants from a prior marriage or children that his or her spouse is not aware about.
• Aside from other children, a testator want to consider disclosing information about other relationships that the testator might still have or has had in the past. 
• Recently, ART children have become prevalent. Therefore, a testator might want to disclose information about whether the testator has preserved and frozen genetic material. 
• A testator might want to consider disclosing information about whether the person is a transgendered person.
• A testator might strongly want to think about whether the person has made gifts to family or friends.
• While it might be uncomfortable for many people to think about, it is important for a testator to consider drafting a durable power of attorney and a health care proxy. Furthermore, a testator might want to consider signing a health care directive, which is a document that provides information on whether a testator wants nutrition and hydration after that person is no longer able to make the decision themselves.
• With the rise of the information age, more and more people are using online accounts. A testator might want to consider leaving his personal account information available for his executor to access his accounts.
• A testator needs to think about whether that person has a prenupital or postnupital agreement because these could affect an estate plan.

See Wendy S. Goffe, 12 Estate Planning Questions That Might Make You Squirm, Forbes, Deborah L. Jacobs Blog, July 24, 2012.