As the year comes to a close, it’s an opportune time to review your estate plan to ensure that it aligns with your current wishes and circumstances. An annual review of your estate plan can help you make necessary updates and adjustments, maximizing the effectiveness of your planning and ensuring that your loved ones are protected. This year-end estate planning checklist covers essential tasks such as reviewing beneficiary designations, updating wills and trusts, assessing life changes, maximizing annual gifting, and preparing for the upcoming year.

Reviewing Beneficiary Designations

One of the most important aspects of your estate plan is ensuring that your beneficiary designations are up-to-date. Beneficiary designations on accounts such as life insurance policies, retirement accounts, and bank accounts take precedence over your will. This means that if your beneficiary designations are not current, your assets may not be distributed according to your wishes.

• Life Insurance Policies: Confirm that the beneficiaries listed on your life insurance policies are correct. If there have been changes in your family situation, such as marriage, divorce, or the birth of a child, you may need to update your designations.
• Retirement Accounts: Review the beneficiaries named on your retirement accounts, including IRAs and 401(k) plans. Ensure that they reflect your current intentions and make any necessary changes.
• Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Check the designations on your POD and TOD accounts, such as bank and brokerage accounts, to ensure they align with your estate planning goals.

Updating Wills and Trusts

Your will and any trusts you have established are foundational elements of your estate plan. Regularly reviewing and updating these documents ensures that they accurately reflect your current wishes and circumstances.

• Wills: Review your will to ensure that it accurately reflects your intentions regarding the distribution of your assets, guardianship of minor children, and the appointment of executors. Consider whether any changes in your family or financial situation require updates to your will.
• Trusts: If you have established one or more trusts, review the terms and provisions to ensure they still meet your needs. This includes checking the named trustees, beneficiaries, and the assets held in trust. If necessary, make amendments to address changes in your circumstances or objectives.

Assessing Life Changes

Life changes can significantly impact your estate planning needs. As part of your year-end review, assess any major life events that have occurred over the past year and consider how they may affect your estate plan.

• Marriage or Divorce: Changes in marital status can have a profound effect on your estate plan. If you have married or divorced, update your beneficiary designations, wills, and trusts to reflect these changes.
• Birth or Adoption of Children: The addition of a new child or grandchild to your family may require updates to your estate plan to include provisions for their care and inheritance.
• Death of a Beneficiary or Executor: If a named beneficiary, executor, or trustee has passed away, update your estate plan to designate new individuals to fulfill these roles.

Maximizing Annual Gifting

The end of the year is an excellent time to consider taking advantage of annual gifting opportunities. The federal government allows individuals to gift a certain amount of money each year to any number of recipients without incurring gift taxes. For 2023, the annual gift tax exclusion is $17,000 per recipient.

• Strategic Gifting: By making strategic gifts, you can reduce the size of your taxable estate while also providing financial support to your loved ones. Consider gifting to family members, friends, or even charitable organizations.
• Educational and Medical Expenses: You can also pay for someone’s tuition or medical expenses without these payments counting against the annual gift tax exclusion, provided the payments are made directly to the educational or medical institution.

Preparing for the Upcoming Year

As you review your estate plan, it’s essential to prepare for any anticipated changes or needs in the upcoming year. Proactive planning can help ensure that your estate plan remains aligned with your goals and provides peace of mind for you and your family.

• Review Financial Accounts: Check your financial accounts to ensure they are appropriately titled and that the beneficiary designations are current. This includes checking joint accounts, retirement accounts, and any accounts held in trust.
• Insurance Policies: Evaluate your insurance coverage, including life insurance, long-term care insurance, and disability insurance, to ensure they meet your current needs. Update beneficiaries and coverage amounts as necessary.
• Estate Tax Planning: If your estate is subject to federal or state estate taxes, consider strategies to minimize your tax liabilities. This may include lifetime gifting, charitable donations, or setting up trusts to protect your assets.

Ensuring a Comprehensive Estate Plan

Taking the time to review and update your estate plan at the end of the year can help ensure that your wishes are accurately reflected and that your loved ones are protected. By addressing beneficiary designations, updating wills and trusts, assessing life changes, maximizing annual gifting, and preparing for the upcoming year, you can create a comprehensive estate plan that meets your needs.

At Donohue, O'Connell & Riley, we specialize in helping individuals and families navigate the complexities of estate planning. Our experienced attorneys can provide personalized guidance and support to ensure that your estate plan is up-to-date and aligned with your goals. Contact us today to schedule a consultation and take the first step towards securing your future and protecting your loved ones.