Simultaneous Deaths Of Both Spouses.

The chance that two spouses would die at the same time is very slim. Nevertheless, it is a non-zero risk and, painful as it may be to think about it, such a tragic situation should be considered when making your estate plans.

Under the common law, if two spouses died close to the same time, it had to be determined by medical evidence which person actually died first, even if the deaths were only a few moments apart. The estate of the spouse that died first would pass to the second spouse, and then the second spouse's estate (which is combined with the first spouse's estate) would pass to the second spouse's heirs. This scenario required two probates!

However, it is often impractical or even impossible to determine the order of two deaths with any certainty.

Enter the revised Uniform Simultaneous Death Act, which Minnesota incorporated into its Probate Code in the 1990s. Under this Act, if two spouses die within 120 hours of one another, and there is no Will, the law treats each spouse as having predeceased the other. Therefore, the law views it as a simultaneous death, even if the two spouses died up to 120 hours apart. Then, the probate court applies the laws of intestacy to determine which beneficiaries will share in the two spouses' combined estate.

Having a poorly-drafted Will isn't always helpful, and in fact can complicate things. If each spouse's Will names the other spouse as sole beneficiary, without clearly naming contingent beneficiaries, problems can arise. The Will does not give instructions as to how the combined estate is divided by the couple's descendants, and the probate court must apply the laws of intestacy to distribute estate assets.

Here's where things can get even more complicated.

Suppose the couple have a blended family, i.e., each spouse has children from previous relationships. Each spouse has a Will, favoring their respective children. Perhaps these Wills were executed by each spouse before they were married, and they never executed new Wills after they were married. If both spouses are deemed to have died simultaneously under the law, whose children receive shares of the estate? The outcome is uncertain.

For example:

Adam and Betty get married. Adam has a son from a previous relationship, and Betty has two daughters. Adam and Betty each have Wills executed before they got married, and they never got around to getting new Wills.

Then, a terrible tragedy strikes. Betty dies right away, but Adam lives 3 more days. Under the law, the probate court treats Adam as having died before Betty, and Betty as having died before Adam. Simultaneous deaths.

Whose children receive shares of Adam and Betty's combined estate? Again, an uncertain outcome. There may also be uncertainty for any gifts to individuals outside the family, charitable donations, etc., if the two spouses' Wills differ on those issues.

To prevent that, Adam and Betty could have had Wills drafted that names one of them to have survived the other, and the Will of the presumed "surviving" spouse would govern as to contingent beneficiaries. There may be some tax benefit in doing this, as well.

* * *

If you do not have an estate plan, or your existing plan is dated or you're just not sure, it would be wise to seek a qualified Minnesota estate planning attorney.

Why Do People Put Off Getting An Estate Plan?

I hear many reasons--excuses, really--why people are hesitant to having an estate plan drafted. Here are a few common objections:

 

"I don't need one now, I'm too young."

A well-crafted estate plan is not just for older people. Unfortunately, people can die at any time. It would be wise to have a valid estate plan in place, regardless of your age. 

"I'll deal with it later."

Sure, life's hectic, with careers and family responsibilities. However, it doesn't take a lot of time to have a qualified practitioner craft an estate plan that helps ensure your assets go to those you want to receive them.

"I don't have enough assets for an estate plan to matter."

Even small estates can and should be protected. Sentimental or family heirlooms are important, even if their monetary value isn't great. Even if you don't own real estate or have large monetary assets, you still should consider protecting the assets you do have and make sure your loved ones would receive them if something happened to you.

Keep in mind that many disagreements happen over modest estates.

 

"My kids will just sort things out when I'm gone."

If you don't have a valid will, Minnesota intestacy law decides where your assets go after you die. The law generally follows "next of kin," but that may not be what you want. Maybe you wish to give assets to children unequally, or perhaps leave out one who is estranged or has addiction issues. Intestacy doesn't factor that in. Want to leave something to a close friend? Sorry, that cannot be done without a valid estate plan. Would you like to donate to a charity? Without a valid estate plan that won't happen.

Another issue to consider is who will be responsible for administering your estate when you're gone. Without an estate plan to nominate a person or persons to be the Personal Representative of your estate, it may be up to the probate court to make that decision. The person they appoint may not be one you would choose--perhaps even a total stranger.

 

"It costs too much." 

A basic will is a very powerful instrument and can be very affordable, especially when you consider the time and expense your loved ones would endure if they have to sort through your assets, deal with the probate court, etc. (See intestacy, above)

"I'm not comfortable talking about death-related issues."

It's never easy. Talking about your death can be unnerving. Wouldn't you rather solve this issue now and not have to worry about it later? Having an estate plan in place can bring peace of mind.

* * *

Protecting your hard-earned assets means having confidence in knowing that those you care about will receive them. There's no time like the present. Contact a qualified Minnesota estate planning attorney to find out how to get your estate plan started.

 

 

Things To Consider When Choosing A Personal Representative.

When putting together your Will there are many "moving parts" to think about. Your assets, who you want to receive them, who gets what, and so forth. But who do you want to manage your estate after you pass? Oftentimes, the thought behind naming a Personal Representative (aka, "executor") is given short shrift. "Oh, I'll just have my daughter or son do that" is a common response I hear when I ask a client about the subject.

The choice of your estate's Personal Representative is something that should be given much serious thought. After all, that individual will be responsible for distributing your valuable assets after you pass. 

The job of Personal Representative is three-fold: 

1. Collect and protect estate assets, 
2. pay valid debts of the estate, and 
3. distribute any remainder to the beneficiaries named in the Will. 

Keep in mind that your choice of Personal Representative is that of nominee. Legally, they do not become the official Personal Representative until the probate court appoints them as such. A person who is at least 18 years of age and is someone the probate court has not disqualified may serve as a Personal Representative.

Serving as a Personal Representative is not a job to be taken lightly. Nor should you take lightly the choice of who to entrust with that responsibility. 

Some factors to think about when mulling over your possible choices for a Personal Representative:

• Is the person trustworthy? The Personal Representative is a fiduciary and they have a duty to always act in the best interests of your estate. Are you confident that they will do the right thing? Does the person have money or substance abuse issues that might be of concern?  

• Do you see any potential conflicts of interest? Minnesota law does not prevent a beneficiary from also serving as a Personal Representative. Nevertheless, will your Personal Representative be able to look past their personal interests and needs and focus on what's best for the estate? 

• Does the person have good interpersonal skills? Do they have the mettle to work with sometimes difficult people, such as creditors, debtors, bureaucrats, and impatient family members?
  

• Does the person possess good organizational skills and pay attention to detail? Can that person be able to keep track of assets, bills, accounts, and other day-to-day needs of the estate?
  

• Have you considered the practicalities facing the person serving? Do they live far away, have busy careers, family obligations, etc., that might create a hardship for them? Serving as Personal Representative takes a lot of time and diligence, even with "modest" estates.
  

• Will grief cloud their vision or their ability to do the job? Will it be too much for them to handle?
  

• Do you know one or two trustworthy persons (who also meet the above criteria) who could serve as alternates in the event your first choice cannot or will not serve?

Before choosing someone to serve it is always best to talk with that person first. Tell them what the job entails and what is expected of them--be candid. Give them time to think it over and let them discuss it with their family members. Don't be offended if the person declines serving--it's for the best if they don't have their heart in it.

Do I Need A New Will If I Move To Another State?

A Will that is properly executed in one state is generally valid in another state. This is based on the Full Faith and Credit clause of the U.S. Constitution. 

That said, there are state-specific rules for the drafting and execution of Wills, and the probate process, that can vary from state to state. While all 50 states have adopted the Uniform Probate Code, each state has the discretion to tweak the Code language as it sees fit. These variations may impact certain provisions in your Will, and affect how the probate process may apply to your Will.

Different states may require different elements for a Will to be valid. Many states require that the Will be typed or printed. Other states allow hand-written Wills ("holographic" Wills). There may be variations as to notarizing a Will, and who must witness the signing.

Estate and inheritance taxes may differ from state to state.

Property laws can vary from state to state, and some provisions in a Will executed in one state may not be valid in some other states. In the majority of states, common law applies, wherein a spouse that acquires property solely and completely owns that property. However, nine states apply community property law. In this case, all property acquired by either spouse is owned jointly by both spouses. If you have a Will executed in a common law state and you move to a community property state (or vice versa), there are issues that may arise after you die.

Moving is exciting, but it can be stressful and filled with lots of tasks. When relocating to a new state, don't take chances with your estate plan. Seek a qualified estate planning attorney in your new state and have them review your existing Will. In addition, it would also be prudent for you to have the new attorney look over your Health Care Directive and Power of Attorney.

A Checklist For Personal Representatives, Revisited.

(I posted an article on this topic a few years ago. That article is still good information, but I wanted to revisit the topic and expand on it some. This list is not exhaustive, and each case is unique, but it should cover some major points.)

* * *

You've been nominated as Personal Representative (formerly called "executor") for someone's estate, and now that individual has recently passed away. There is so much to do, where do you start? The job may seem daunting, especially when dealing with loss. You have your own life, your family, your career. Acting as PR can take a lot of time and commitment. But it doesn't have to be insurmountable. Let's break it down.

I. The Personal Representative has three major duties.

1. Collect assets and ensure that those assets are protected, 
2. Pay valid debts of the estate, and 
3. Distribute any remaining assets (specific gifts and residue) to the beneficiaries.

II. You represent the interests of the estate.

The PR is a fiduciary (agent) of the estate, and not an agent of the beneficiaries. The estate is a legal entity with legal rights, just like a person or a corporation. Even though the beneficiaries may ultimately inherit assets from it, until the probate is closed and everything is wrapped up, the estate remains a separate and distinct legal entity from those beneficiaries. That means your duty of responsibility is solely to the estate. If the needs and wants of any of the beneficiaries (or anyone else) ever becomes at odds with the interests of the estate or your duties, always understand that the estate is your "client" and you must act on its behalf. 

As the estate's fiduciary, you have standing to sue any party on behalf of the estate--that includes beneficiaries! Hopefully, it won't come to that.

Note that at this stage, you are merely the Personal Representative nominee, having been nominated in the Will. You do not officially become the PR until the probate court appoints you as such. This is done by the court issuing what is called Letters Testamentary. Due to privacy concerns, many entities, such as financial institutions, may not be able to do anything until you have provided them a copy of the Letters Testamentary proving to them that you have been appointed by the court.

III. Seek the advice of a competent attorney.

There are some exceptions, but many estates need to be probated. This can be a daunting process, and it would be prudent to seek the guidance of a probate law attorney. Even if probate is not needed, it's wise to check with an attorney as soon as possible. Legal fees for this can be billed to the estate, and it's money well spent.

IV. Collecting and protecting assets of the estate.

One of the first tasks is to gather documents left by the decedent. You should have the original, signed Will in your possession. If the estate must go to probate, the court will need you to submit the original document. If you find more than one Will, keep them together, as the court will need to determine which one governs. Also look for any lists of personal items to distribute. 

You are not obligated to disclose the contents of the Will with any beneficiaries or other persons at this time. Doing so could lead to conflicts, especially if you are also a named beneficiary, and you don't need conflict now. Keep that information close to the vest and let family members deal with their grief. There will come a time for you to "read the Will" to the family a little later on. 

Collect all financial, medical, and other relevant documents, and do this as soon as possible. If those have been kept in a locked file cabinet or safe, have someone provide access to it. Along with the Will, keep these documents in a secure location where others cannot access them. After someone dies, it's not unusual for people to come and go in the house to pay respects or deliver things. Don't let important items get lost in the shuffle. It is preferable to remove those documents from the premises as soon as possible and keep them in a secure location of your own.

Locate and secure valuables, such as jewelry, cash, firearms, antiques, coin collections, etc. This includes any electronic devices that might hold data, such as computers, smartphones, tablets, etc. Limit access to the home. If that means changing the locks and keeping out family members, so be it. Don't take the risk of someone independently helping themselves to things. You are responsible for the security of estate property. Make it clear to everyone that there are legal remedies available to you if someone absconds with estate assets.

There may be online information you will need to obtain. Under RUFADAA, as PR, you have right to access certain digital assets of the decedent--if the decedent gave authorization in the Will. You can also check with family members to obtain logins to accounts.

Are there outstanding debts owed the decedent, like IOUs or promissory notes? Did the decedent loan money or property to someone? Unless there is some written agreement discharging debts on death, those debts are now owed to the estate. Locate the documentation for these, and contact the debtors to collect.

If the decedent owned a business, you will need to determine what succession plan must be followed. Are there co-owners? How will control of this business be passed on? This may require the help of a business law attorney.

When you contact companies, you may discover some assets you previously weren't aware of. Be sure to ask if there are balances due, or refunds. If there is a refund due, such as an unused portion of an insurance premium or a credit, be sure to obtain that. You have a duty to maximize the estate assets.

Some instruments in the estate are non-probate assets, such as pension funds, investments, life insurance policies, and assets with a payable-on-death provision. These are paid directly to the named beneficiaries and are not subject to probate. You still may need to contact those firms to give notice of the principal's death and help coordinate the payout process. The fact those are non-probate assets does not automatically protect them from debts for medical assistance. Many assets are reachable in MA claims. The same is true with debts to the IRS and state/local taxing authorities.

If there are salable items in the household that can be converted to cash, it may be worthwhile to hold an estate sale or a garage sale. Certain valuables, such as jewelry, firearms, artwork, motor vehicles, etc., may need appraisal. All funds recovered from this (minus any auction or consignment fees) are estate assets and must be deposited into the estate account.

V. Gathering information concerning potential estate debts.

Few people die with zero debt. You will no doubt be sifting through what seems like mountains of financial documents. Many of those will be bills. You may not know which--if any--have been paid. Develop a plan and start organizing bills and statements for the different creditors. Don't assume something is settled--contact each creditor to give them notice of death and to see if there is an outstanding balance.

You will need to publish a notice to creditors in the legal section of the local newspaper, once a week for two successive weeks. Creditors have 4 months from the date of the first publication to make claims against the estate.

You will be making phone calls. Lots of phone calls. The list of places to call may include Social Security, Medicare/Medicaid, state social services, VA, mortgage lender, landlord, IRS and Minnesota Department of Revenue, medical providers, funeral home, insurance companies, banks, investment agents, utilities, phone and internet, credit card companies, HOAs, clubs, subscriptions, etc. Your calls to them will put them on notice of the testator's death, and help you make a tally of what debt obligations may exist.

Once the court has officially appointed you as PR, you should set up a checking account in the name of the estate. Prior to doing that, you should file IRS Form SS-4 to obtain a new tax ID (EIN) for the estate. The bank will need that EIN, along with your Letters Testamentary and copy of the death certificate. You will need to fund the account with the estate's cash assets in order to pay debts. The estate EIN will be needed for tax preparation later.

VI. Paying valid debts.

Once you have determined the estate assets, and have a list of creditors to pay, you may begin paying debts from the estate account. Minnesota law states a list of priority for the paying of estate debts. This Classification of Claims can serve as a guideline for you to determine who gets paid first. If the sum of the estate assets is less than the sum of the valid debts (insolvent estate), you pay the high priority debts first and work your way down until estate assets are exhausted. The remaining creditors may then be out of luck. The beneficiaries will be out of luck, too, as valid debts take priority over their inheritances. 

As PR you are not personally liable for estate debts, as long as you act in good faith.

You may have to file personal income tax returns for the decedent next tax season, and it would be wise to keep some money in the estate account for preparation fees and any tax liabilities. If the estate is large, there may be estate taxes due.

Be aware that some debts may incur late fees and penalties over time. Paying these on a timely basis can limit those extra expenses. Again, your job is to maximize estate assets. 

VII. Your expenses.

You are entitled to reimbursement from the estate for out-of-pocket expenses incurred during your representation. In addition, you may be eligible for reasonable compensation for your time spent performing your duties. You also may need to hire the services of professionals: appraisers, tax advisors, attorneys, etc. The expenses of those services may be billable against the estate.

VIII. Distributing the remainder to beneficiaries.

After all valid debts are paid, you have submitted an accounting to the probate court, and the court is satisfied that all elements of probate have been completed, it will officially close the probate. This may not happen until a year or more after the testator has died. Your next task is to distribute any remaining assets to the named beneficiaries, per the instructions in the Will. There are two classifications for these: specific gifts and the residue.

Any specific gifts that are provided for in the Will are distributed first and they take priority over the residual shares. Thus, if there is a provision for property or a cash amount to be paid to a named beneficiary, that must be conveyed directly to that beneficiary.

After specific gifts (if any) are distributed, the remainder (residue) is distributed to the named beneficiaries, based on the proportions stated in the Will. 

Note that it is generally OK for the PR to allow family members to take some keepsakes or family heirlooms prior to distribution of the rest of the estate. Use good judgment in granting this. A valuable coin collection or the car out in the garage is not likely a "keepsake" for the taking. Any major item that can be converted to cash should be held to sell for estate funds. Remember, the probate court will expect an accounting of big-ticket assets. However, some household items, family photos, etc., are generally OK to distribute right away. If there is a separate list of personal items referenced in the Will, these items can generally be distributed before probate is closed.

Do not give advances in estate funds to beneficiaries prior to closing of probate, unless there is some trust provision that requires it. What if a creditor or bill pops up later and you need that money to pay it? If you distribute money to someone and there's not enough remaining funds to pay a valid debt, you will need to claw back money from those beneficiaries. Remember, you have standing to sue on behalf of the estate. Keeping a tight rein on estate funds will help prevent such an awkward encounter.

IX. Other "non-PR" tasks you may need to do anyway.

There are some "loose ends" tasks that need to be done after someone dies. Some of those tasks may fall on your shoulders if no one else steps up to do them.

• Disposal of unwanted household goods, items that may not bring in cash to the estate. You may need to haul some stuff to a donation center, other items may need to be tossed or recycled. If there is a large quantity of items to dispose of, you may need to rent a rollaway dumpster.
• Cleaning/prepping the house. Someone will need to prepare the house for sale; or if it's rental property, get the premises clean and obtain the deposit refund from the landlord (another estate asset).
• Some items may need to be stored, perhaps in a storage locker. Encourage those recipients to remove those items before a storage rental is necessary, or insist that they pay to have them stored.
• Are there pets left behind? You may need to care for those, and/or find new homes for them. Check to see if the Will has a provision for caring for pets.
• You will likely receive plenty of the decedent's mail that, by now, you have had forwarded by USPS. You will need to sort through that and respond to the items that need attention. 
• Sending thank you cards to people who gave gifts or memorials at the funeral.
• If the decedent's remains were buried, check to see if a headstone is being made and that payment is made from the estate for that.

It might be prudent for you to delegate some of these tasks if you become overwhelmed with work with the estate.

X. If the estate is a hot mess.

Some estates are left with an enormous amount of loose ends and touchy issues to be addressed. There may be a huge load of debt. There may be conflict flaring up among family members, some which may be directed at you. There may even be someone who contests the Will or threatens to do so. Keep a level head and persevere. You are the estate's agent and the testator trusted you to carry out this job. Seek the help of an attorney, especially if someone threatens to contest the Will.

If the Will has named another person to step in as a co-fiduciary, ask them for help. You can delegate some of the legwork that needs to be done.

* * *

Being a Personal Representative is often a tedious, thankless job, but one that can be rewarding in the end. You can do this!

Why Have A Will?

I often field the question: "Do I (we) need a Will?" More often than not--actually, MUCH more often than not--the answer is YES.

Let's look at some reasons why a valid Will should be in your estate planning portfolio.

First of all, not having a valid Will means a probate court must decide how your assets are divided up and distributed to your descendants. This is called intestacy. Intestacy is merely a fail-safe created by the Legislature, an attempt at a one-size-fits-all solution, but it is far from perfect.

Having a valid Will helps ensure that your assets go to the persons you want them to, in the amounts you choose. Without a valid Will, Minnesota intestacy law requires the probate court to distribute your assets based on a certain hierarchy, a particular order of who is in line to inherit your estate assets. Without a valid Will giving instructions, the court has to rely on this state-mandated default to determine how your estate is to be divided. That hierarchy may or may not be what you wish to happen.

A valid Will allows you to tailor the proportions of your estate assets you wish to give to family members. Maybe you don't want to divide up assets evenly. Perhaps there is a child who is closer to you or needs more financial help and deserves more. Conversely, there may be a family member who, due to dependency issues or poor money management skills, or who is estranged, is deemed one who should receive less--or none at all. Without a valid Will, the probate court will likely distribute your assets evenly between your descendants, without your input to the contrary.

A valid Will enables you to give certain items of property or money--specific gifts--to individuals or charities. The laws of intestacy make no provision for specific gifts to be given to people outside of the shares given to the legally-mandated heirs. Want to donate some money to a friend or relative, or a charity? Sorry, the laws of intestacy do not accommodate those kinds of wishes. You need a valid Will to make those choices.

A valid Will allows you the freedom to nominate persons to act as your fiduciary--the Personal Representative (executor) of your estate. The job of the estate PR is absolutely crucial and I cannot emphasize enough the importance of this selection. You may have certain individuals in mind whom you can trust to manage your estate after you are gone. Without a valid Will, the probate court decides who will act as the fiduciary. The person they choose may not be the person you want acting in that important role. The PR collects estate assets, pays valid debts, and distributes the remainder to the beneficiaries. If you see no other reason to obtain a valid Will, this is the one that should tip the scales in favor of it.

If you have children who are under the age of 21, a valid Will allows you to nominate a custodian to manage the minor's inheritance until that minor attains the age of 21. Without a valid Will, the probate court chooses that custodian.

If you own real property, your estate must pass through probate, unless you have executed a Transfer On Death Deed (TODD). With a valid Will your chosen Personal Representative will be someone you can trust to work with the probate court, and handle any real estate transactions.

Note that I have used the term "valid Will" throughout this article. I want to point out that just having some "will" may not, in itself, be sufficient. You need a carefully constructed Will, a legal document that reflects your values and wishes. This should be a document crafted by a competent Minnesota estate planning attorney, ensuring that it complies with Minnesota law. Sure, you could go DIY, download some template from the internet and fill in the blanks. But without the careful guidance of a competent attorney who understands your wishes and the legal landscape, your money-saving DIY document may not hold up to legal scrutiny after you die. Is it worth the risk, just to save a little money?

Preserving your hard-earned assets for the security of your family members is too important to leave to chance. Contact a licensed Minnesota attorney to begin protecting your estate.

Your Kids Don't Want Your Stuff.

They simply may not want all of those personal items you've accumulated over the years: household goods, furniture, clothes, decorations, collectibles, and all that stuff piled up in boxes in your garage or attic. Do your children really want to be sifting through that after you're gone?

(They do want your cash, and whether or not you may wish to give them a large amount of it was the topic I discussed in a recent article.)

Perhaps you're retired, or thinking about retirement. Now might be a good time to downsize. Clean out the closets and basements. Get rid of some clutter, things you haven't used in a while and probably won't use anytime soon. Have a yard sale or post it on Craigslist and make a few bucks. Donate items to charity, recycle, or just toss them out. Rent a roll-away dumpster if you have a lot of unsalable items to clear out.

The Swedes have made this practically an art form, and of course, there's a book on the subject.

Every generation has its style conventions, and your kids' generation has its own, too. They may not have the same appreciation for the things you enjoy, and if they inherited them, might not have space for them. Younger people are less apt to purchase real estate than members of previous generations. (Who can afford to buy a house now, anyway?) Many more people are renting, and they may not need or want a lot of your items after you are gone.

This is not to say everything needs to be given the heave-ho. There may be certain items your kids will appreciate receiving. Earmark some keepsakes: perhaps family heirlooms, mementos from your military service, a hand-made piece of furniture, artwork, or a family photo album. Talk to your children about what's important to them. Discuss with each of them what they might like to receive when you're gone, the family items they would treasure and perhaps pass on to their children some day.

You can give specific personal items to family members by means of a written list incorporated into your Will. 

Talking to a qualified attorney is the first step to creating an estate plan that reflects your wishes.

"We're Spending Our Children's Inheritance!"

You usually spot that message on bumper stickers attached to big RVs. It's kind of a glib slogan, but when you think about it, maybe it's not such a bad idea. (You're probably thinking this sounds harsh, but hear me out...)

You've spent your adult life working hard and building up a nice nest egg. Now comes the time to reap the benefits--enjoy what you've been working for all those years. Buy a vacation home, travel, take up a new hobby. Live your retirement years to the fullest and perhaps leave just a modest sum for the kids. It's your money. Sure, the kids might love to inherit a big pot of money, but is that really the best thing for them? Would leaving a large inheritance help them, or would it create problems for them? 

There are some points to consider on whether to leave a big inheritance.

• If an adult child has addiction or money problems, giving them a large inheritance may only magnify the problem.
• Money may (and often does) create conflict among family members. Grief amplifies that.
• It's human nature for people to be less careful with money they didn't have to earn. Statistically, roughly half of them will just blow it anyway.
• Leaving a modest inheritance encourages children to not rely on it to solve all their money woes.
• Perhaps your children are already finding their way financially and they don't need it.
• The kids might be burdened with tax liabilities if the estate is large.

A couple possible alternatives:

• Show your generosity by giving family heirlooms instead--something they would treasure and hand down through the generations. Those are the things your kids will remember you by.
• Another option: Give them some of their inheritance early--there is a $15,000 per person per year gift tax exemption. Perhaps put it into an investment, like a college fund or earmark for a home down payment.

The take-away point I'm making is this: There's more than one good way to leave an inheritance to children. You may wish to leave it all to the kids, and that's fine. On the other hand, maybe you don't want to leave so much, and that's OK, too. It's your money, and you should do what you feel best with it.

Whatever you wish to do, it would be prudent to talk to a financial planner and/or tax advisor on how to best manage your assets now. It would also be prudent to talk with a qualified attorney to discuss options for your estate plan.

The Safekeeping Of Your Estate Planning Documents.

You have just executed (signed) your Will, and perhaps also a financial Power of Attorney and Health Care Directive. What now?

While many law firms will store original, signed documents on behalf of clients, many do not. (I do not.) You may be tasked with the custody and safe storage of your valuable estate planning instruments. Too many people stash their valuable documents in a shoe box or among a stack of papers on a desk, which is a very bad idea.

In the case of Wills, your personal representative will need to obtain the original, signed instrument to submit to the probate court after you die. Therefore, it is essential that your Will be kept in a safe, secure location, but one where the personal representative has access when needed. 

A home safe, secure file cabinet or fire-resistant lock box is a good location for a Will. This minimizes the chance that the Will is lost or destroyed by fire or flood, and it keeps it away from prying eyes. Another option is to store the Will in a safe deposit box at a bank. However, it is important that the personal representative has access to the box.

Perhaps the best and most secure option is to deposit the Will for safekeeping at your county probate court, usually for a small fee. That way, the Will is kept where it needs to be when the time comes.

It's a little different for a Power of Attorney and Health Care Directive. These are documents that are needed while you are alive but usually at a time when the you are incapacitated or otherwise unable to make decisions for yourself. The documents may be needed quickly when the time comes, and as such, they should be stored in a place where they can be immediately retrieved. The named fiduciaries should have knowledge of their location in advance and have access to them. For these instruments, a bank safe deposit box may not be an ideal location, as the institution may be closed when the documents are needed. A file cabinet or home safe is a good location. 

Most health care providers will scan and store a patient's Health Care Directive, so it is important to give copies to your doctor, clinic, local hospital, care facility, etc.