Schedule a Consultation

Updating Your Estate Plan to Plan for Long-Term Care

Updated on
November 1, 2019
Article written by
Attorney Kevin O'Flaherty

In this article, we discuss life events that may require a review of your estate plan.  We discuss updating your estate plan when you get married, when you buy your first home, when you have a child, when your children reach adulthood, after a divorce, when you acquire new assets, when you want to change how your assets will be distributed when you pass, when you are ready to plan for long-term care.

For an overview of estate planning in general, check out our article: Estate Planning Explained.  

If any of the following major life events occur, it is a good idea to meet with your attorney to review and potentially update your estate plan:

Updating Your Estate Plan When You Get Married

Most people start thinking about estate planning when they get married for the first time.  Whether you are doing your initial estate planning or updating an existing estate plan, it is important to make sure that your spouse is provided for in your estate planning documents as well as listed as a beneficiary on insurance policies and retirement accounts.

Updating Your Estate Plan When Buying Your First Home

If you own any real estate in Illinois, your estate is likely to require probate when you pass.  Owning your real estate in the name of a revocable living trust can cause your estate to avoid a costly and time consuming probate process.  Buying your first home or acquiring your first piece of real estate is likely to cause a revocable living trust to become the most appropriate primary vehicle for your estate plan, rather than a will.   

Updating Your Estate Plan When Having a Child

It is important to have an estate plan in place if you have children in order to provide for their guardianship and financial security if you pass.  If you already have an estate plan, your estate planning documents should provide for any children born in the future.  These may not need to be updated when you have a child, but checking in with your lawyer to make sure the existing documents remain appropriate is a good idea.  You will also want to make sure that each time you have a child, the newborn is added to your life insurance policies and retirement accounts.  

Updating Your Estate Plan When Your Children Reach Adulthood

When your children reach an age at which you believe they can handle the responsibility, you may want to update your estate planning documents to make them the executors of your will, the trustees of your trust, and/or the agents for your powers of attorney.

Updating Your Estate Plan After Divorce

When you get a divorce, it is important to update your estate plan to ensure that your ex does not end up with control over your assets when you pass or become disabled.  For more, check out our article: Estate Planning After a Divorce.

Updating Your Estate Plan When You Acquire New Assets

If your asset structure changes significantly, you may want to check with your attorney to see if your assets exceed the Illinois estate tax exemption.  If so, you should begin estate tax planning in order to minimize estate tax.  If you have already begun planning for minimization of estate tax, you should review your estate plan every time your asset structure changes significantly in order to ensure that your estate plan is structured in the most tax efficient manner possible.

Updating Your Estate Plan When You Want to Change How Your Assets Will Be Distributed When You Pass  

A good estate plan will provide for expected life events such as the birth of additional children or grandchildren. However, you should review your estate plan if your wishes regarding asset distribution change significantly in other ways.  This may mean leaving a particular asset, like the family home to a particular beneficiary, leaving a portion of your estate to charity, or adding or subtracting beneficiaries based on changing relationships.

Updating Your Estate Plan to Change Fiduciaries

As the relationships in your life change, you may want to change the people who you have placed in charge of managing your assets in the event of your death or disability.  This may be caused by drifting apart from the initial people that you named as trustee, executor, or agent for powers of attorney, or it may be that your children become old enough to serve in these roles.

Updating Your Estate Plan to Plan for Long-Term Care

If you believe that long-term care will be necessary in the near future, you can work with your attorney to make sure that your assets are preserved for the next generation rather than expended on long-term care.  In order to be effective, your estate plan must generally be updated at least five years before needing long-term care. For more on this, check out our article: Illinois Medicaid Planning Explained.


Updating Your Estate Plan to Plan for Long-Term Care
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.


9 am - 5 pm M - F
After 5 pm by Appt
11 am - 3pm Sat by Appt
11 am - 2 pm Sun by Appt

Open Hours

Mon - Fri

9am - 5pm

By Appointment

Mon - Fri

after 5pm

Saturday

11 am - 3pm

Sunday

11 am - 2 pm


9 am - 5 pm M - F
After 5 pm by Appt
11 am - 3pm Sat by Appt
11 am - 2 pm Sun by Appt

Open Hours

Mon - Fri

9am - 5pm

By Appointment

Mon - Fri

after 5pm

Saturday

11 am - 3pm

Sunday

11 am - 2 pm


9 am - 5 pm M - F
After 5 pm by Appt
11 am - 3pm Sat by Appt
11 am - 2 pm Sun by Appt

Contact us for a Free Consultation

Who We are

We are your community law firm. Our Iowa & Illinois Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a consultation specific to your legal situation.