Special Needs Trusts Often Need a Professional Trustee

May 15, 2025

When a family sets up a special needs trust (SNT), they often assume a relative will be the best person to manage it. After all, who knows the beneficiary better? However, while personal connection matters, administering a special needs trust is a complex responsibility that involves navigating benefit eligibility rules, tax laws, investment strategies and strict reporting requirements. Special needs trusts often need a professional trustee, not a family member.

A professional trustee brings the objectivity, experience and systems needed to manage the trust in the beneficiary’s best interest, while avoiding costly missteps. In many cases, appointing a professional trustee alongside a family member offers the best balance between personal care and experienced oversight.

The Role of a Trustee in a Special Needs Trust

A special needs trust is designed to preserve a beneficiary’s eligibility for means-tested public benefits, such as Supplemental Security Income (SSI) and Medicaid, while still providing for supplemental needs like transportation, education, recreation, and medical services not covered by government programs.

The trustee is legally obligated to manage and distribute funds according to the trust document and government regulations. Mistakes—such as paying for rent, giving cash to the beneficiary, or failing to keep detailed records—can result in reduced or complete loss of benefits.

The trustee must also file tax returns, monitor investments, communicate with care providers and adapt the trust’s use as the beneficiary’s needs change. This is not a one-time duty—it’s a long-term commitment, often lasting the beneficiary’s lifetime.

Why Family Members May Not Be the Best Fit

While family members may be deeply committed to the beneficiary’s well-being, they are not always equipped to handle a special needs trust’s administrative and legal responsibilities. The emotional stress of caregiving and the pressure of trust administration can lead to burnout or mistakes.

Conflicts of interest may also arise. Disagreements between siblings, caregivers, or co-trustees can create tension or lead to disputes over how funds are spent. Even well-meaning relatives may make decisions that unintentionally disqualify the beneficiary from receiving vital support.

Family members often lack experience with trust management, government benefits and the financial tools necessary to grow and preserve trust assets. Professional trustees are trained to meet these demands and provide consistent, unbiased oversight.

Benefits of a Professional Trustee

A professional trustee—whether a corporate fiduciary, bank, or attorney—offers several advantages. They are neutral, knowledgeable and focused on compliance. Their systems are designed to track distributions, file taxes and coordinate with public agencies and service providers.

They also offer continuity. A family member may age, become ill, or be unable to continue serving as trustee, especially if the trust must last for decades. A professional trustee ensures that the administration will continue smoothly regardless of family life changes.

Some families choose a hybrid approach by naming a family member as a co-trustee or trust protector. This allows the family to provide input and maintain a relationship with the beneficiary, while the professional trustee handles technical and administrative responsibilities.

Making the Right Choice

Deciding who will manage a special needs trust should not be rushed. Consider the complexity of the beneficiary’s needs, the size of the trust and the family’s long-term capacity to manage those responsibilities.

Special needs trusts often need a professional trustee, not a family member. An elder law or special needs planning attorney can help you weigh your options and structure the trust to meet both legal standards and family expectations. The goal is to preserve benefits, maintain financial security and support the beneficiary in living independently and meaningfully. If you would like to learn more about special needs issues and estate planning, please visit our previous posts.

Reference: Special Needs Alliance (October 2012) “When a Family Member Serves as Trustee – Fair and Honest Is Not Enough”

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Steps to Avoid Inheritance Issues in Second Marriages

May 13, 2025

Second marriages often bring joy, stability and a fresh start. However, they can also create complicated estate planning challenges. When one or both spouses have children from previous relationships, the risk of conflict over inheritance increases dramatically. Individuals often assume that love and goodwill will prevent disputes. However, without clear legal documentation, misunderstandings, unintentional disinheritance and even litigation can follow. Protecting your spouse and your children—biological and step—requires planning that accounts for family dynamics, legal priorities and financial realities. There are steps you can take to avoid inheritance issues in a second marriage.

Understand How the Law Treats Second Marriages

State intestacy laws (those that apply when someone dies without a will) typically prioritize spouses and biological children. In many cases, if a person dies without a clear estate plan, the surviving spouse will receive a significant share, possibly even everything, leaving stepchildren with little or nothing.

Even with a will, challenges can arise. A surviving spouse may claim an “elective share,” a legal right to a portion of the estate that can override the terms of a will. Children from a previous relationship may be unintentionally disinherited if all assets pass to the surviving spouse, who then distributes them according to their own will, or not at all.

These risks are exceptionally high in cases where only one spouse brought significant assets to the marriage or when there is a considerable age difference, business ownership, or a family history of conflict.

Use Trusts to Protect Both Spouse and Children

One of the most effective tools for second marriage estate planning is a trust. A revocable living trust allows you to maintain control over your assets during your lifetime, while outlining exactly how they should be distributed after your death.

For example, a Qualified Terminable Interest Property (QTIP) trust can provide income to a surviving spouse for life, with the remainder passing to the deceased spouse’s children. This structure protects both parties: the surviving spouse is financially supported, and the children are assured a share of the estate later.

Trusts can also help avoid probate, preserve privacy and reduce the risk of disputes. Unlike a simple will, a trust allows for more detailed instructions and layered planning.

Keep Beneficiary Designations Up to Date

Many assets—like life insurance policies, retirement accounts and bank accounts—pass directly to the person named as a beneficiary, regardless of what’s written in your will. That means an ex-spouse could still receive your IRA if you never updated the paperwork.

Review your beneficiary designations after remarriage to ensure that they reflect your current wishes. In blended families, dividing assets across multiple accounts may be appropriate to benefit both your spouse and children directly.

You should also consider how these accounts fit into your broader estate plan to ensure no one is unintentionally left out.

Communicate Your Intentions Clearly

Estate disputes often stem from unmet expectations. Children may assume they will inherit certain assets, only to learn after a parent’s death that those assets were left to a stepparent. Likewise, a surviving spouse may be surprised to learn that children from a previous marriage are co-owners of the family home.

The best way to avoid this confusion is to talk openly with family members about your wishes. Explain your decisions, address concerns and show how your plan provides for all parties involved. These conversations may be uncomfortable. However, they are often the most effective way to prevent conflict.

Taking these steps to avoid inheritance issues in a second marriage can mean the difference between family harmony and chaos. Putting these intentions in writing with the help of an estate planning attorney ensures that everyone’s rights and responsibilities are legally protected. If you would like to learn more about inheritance and estate planning, please visit our previous posts.

References: CBC News (April 1, 2025) “Director Norman Jewison’s wife cut him off from family, coerced him to change $30M will, lawsuits claimed” and Marriage.com (Oct 12, 2023) “5 Tips to Avoid Inheritance Issues in Second Marriages”

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The Estate of The Union Season 4|Episode 3 is out now!

May 7, 2025

The Estate of The Union Season 4|Episode 3 is out now! The Catholic cardinals are in the process of electing a new pope. While that can seem like a riveting process, a much quieter group, Catholic Charities of Central Texas, is working behind the scenes helping the people who need it the most.

In this edition of the Estate of the Union brought to you by Texas Trust Law, we are fortunate to have Kara Henderson, Director of Marketing, for Catholic Charities of Central Texas as a guest. Kara explains the challenges faced by our fellow Texans and how her organization provides a loving waystation to move people to more successful lives.

Plus, Kara has a manner of explaining all of this in a tone and form that make it easy to “get”.

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 3 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.

Many Ways to Include a Charity in Your Estate Plan

May 6, 2025

Many people want to give back to their communities or support causes that reflect their values. Including charitable giving in your estate plan is one of the most meaningful ways to do that. Whether you’re passionate about education, health, the arts, or social justice, your legacy can continue to make an impact long after you’re gone. There are many ways to include a charity in your estate plan.

There’s no single right way to give. The best method depends on your financial situation, the assets you hold and your goals for your family and chosen charities. Thoughtful planning not only helps maximize your impact but can also provide tax advantages and avoid complications for your heirs.

1. Make a Bequest in Your Will

One of the most straightforward ways to give is by naming a charity in your will. This is known as a bequest. You can designate a specific dollar amount, a percentage of your estate, or a particular asset such as property or stocks. Bequests are flexible—you can update them at any time, and they allow you to support causes you care about without affecting your current finances.

2. Name a Charity as a Beneficiary

You can also name a charitable organization as a beneficiary on retirement accounts, life insurance policies, or payable-on-death bank accounts. This approach bypasses probate and allows the charity to receive the funds directly. It’s a simple and effective way to leave a gift without altering your will or trust.

3. Create a Charitable Remainder Trust

A charitable remainder trust (CRT) allows you to provide income to a beneficiary, such as a spouse or child, for a set number of years or for their lifetime. After that period ends, the remaining assets go to a designated charity. CRTs are useful for people who want to support loved ones during their lifetime and still give back to charity in the long run.

4. Set Up a Donor-Advised Fund

A donor-advised fund (DAF) lets you make a charitable contribution now, receive an immediate tax deduction, and recommend grants to charities over time. DAFs are especially appealing for people who want to involve family members in charitable decisions or support multiple causes over several years.

5. Donate Appreciated Assets

Gifting appreciated stock, real estate, or other valuable assets directly to a charity can be more tax-efficient than donating cash. When you donate an asset that has increased in value, you may avoid capital gains taxes while also claiming a charitable deduction based on the full market value.

6. Fund a Scholarship or Endowment

If you want your gift to support a specific purpose, such as education or research, consider funding a scholarship or endowment. These gifts often come with naming opportunities and provide long-term support for institutions or programs that align with your goals.

7. Involve Your Family in Your Giving Plan

Estate planning is also an opportunity to share your values with future generations. Involving your children or grandchildren in charitable giving decisions can help them understand your priorities and foster a spirit of generosity. It also helps reduce misunderstandings and promotes unity around your legacy.

There are many ways to include a charity in your estate plan. No matter how you choose to give, working with an estate planning attorney is important to ensure that your intentions are clearly documented and legally enforceable. Contact our estate planning firm to put the right planning in place now so that your charitable legacy can live on for generations. If you would like to learn more about charitable giving, please visit our previous posts.

Reference: Ameriprise Financial “Estate planning and charitable giving: Strategies to make an impact with your estate”

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Care for Your Pets After You Pass with a Pet Trust

May 1, 2025

Media mogul Oprah Winfrey has a trust fund for her dogs, as revealed in 2007 by a source to an Australian women’s magazine. How much she left to her beloved animal companions is thought to be in the millions, according to a recent article from Pets Radar, “Oprah’s dogs will inherit a $30 million fortune—here’s why.” However, you don’t need to be a billionaire to want to care for your pets after you pass using a pet trust.

A pet trust is a legally binding contract used to specify money to care for a pet in case of incapacity or death of the human owner. The trust is funded to care for the animal’s life and should include specific instructions for how the pet will be cared for. An experienced estate planning attorney can create a pet trust to comply with your state’s laws.

When creating a pet trust, consider how much money will be needed to pay for the pet’s care, considering the type of pet, their age, life expectancy and whether they have or might have health issues in the future. If you own multiple pets, the pet trust must address all their needs.

The funds are used to cover veterinary bills, food, grooming, housing and compensation, if needed, for a caretaker. The trust will also need to include a contingency provision in case the primary caregiver becomes incapacitated or can’t care for the pets and someone else needs to step into the role.

The pet trust should also include plans for what happens when the pet dies. Do you want them to be cremated or buried, and what do you want to happen to any remaining funds in the trust? The people who love their pets enough to create a pet trust often decide to leave any remaining funds in the trust to a local animal shelter.

A common question in creating a pet trust is this: should the same person who is taking care of the pets also oversee the assets in the trust? The trustee oversees the assets and pays the caretaker. The problem is, if the caretaker doesn’t use the funds to care for the pet as you’ve outlined in the trust, who will monitor the money or the care of the pet? Many people prefer to have two different people involved, just in case.

Can you simply ask an adult child to take care of your beloved pet if you become sick or if you die before the pet? In theory, the answer is yes. However, your adult child or anyone you ask to care for your pet is under no legal obligation, unless you’ve created a pet trust and they’ve agreed to take on the role of either caretaker or trustee or both.

If you don’t have someone to care for your pet, check with your local animal shelter. No-kill shelters often have arrangements where a fee or donation is used to ensure lifetime pet care for a companion animal.

Your estate planning attorney will know how to create a pet trust to care for your pets after you pass, providing you with the peace of mind knowing they won’t end up in a shelter or living on the streets. If you would like to learn more about pet trusts, please visit our previous posts.

Reference: Pets Radar (April 4, 2025) “Oprah’s dogs will inherit a $30 million fortune—here’s why”

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Issues Family Business Owners Should Plan for in 2025

April 29, 2025

Running a family business means balancing personal relationships with long-term goals, all while adapting to changing economic and legal landscapes. There are some issues family business owners should plan for in 2025, including reassessing their succession plans, tax strategies and internal structures to maintain a strong and future-ready operation.

2025 brings fresh challenges—from potential tax law shifts to generational transitions and evolving workforce expectations. Without careful planning, even a thriving family business can stumble. That’s why addressing these key issues now can prevent costly problems later.

Preparing for Business Ownership Transitions

One of the most pressing issues for family businesses is succession planning. As the founding generation retires, many companies face uncertainty about who will take over leadership. Some family members may not be interested in the business, while others may lack experience.

To avoid conflict or operational gaps, business owners should create a written succession plan. This plan should identify future leaders, outline roles and responsibilities and include a timeline for the transition. It should also include mentorship and training periods to ensure that the next generation is fully prepared.

For those without a family successor, alternative options such as selling the business, bringing in outside management, or transitioning to employee ownership should be explored. These decisions take time to implement and benefit from legal guidance.

Navigating Tax Planning and Valuation

Tax planning remains an ongoing concern, particularly as family businesses look to transfer ownership or restructure in response to upcoming changes in the tax code. A major consideration for 2025 is the scheduled sunset of provisions under the Tax Cuts and Jobs Act, which may significantly lower the lifetime estate and gift tax exemption.

If those changes occur, the ability to pass on ownership or make large gifts to family members could become more costly. Business owners should assess whether to accelerate transfers now, while current exemptions are still in place.

An accurate business valuation is essential when making these decisions. Valuation impacts everything from estate planning to buy-sell agreements and tax reporting. A qualified valuation professional can help ensure that the business is appraised fairly and that transfers are structured to minimize tax burdens.

Managing Family Dynamics

Even the strongest family businesses can suffer from unresolved personal tensions. Disagreements over roles, compensation, or long-term vision can stall growth or lead to litigation. Establishing clear governance structures—such as regular board meetings, family councils, or shareholder agreements—helps create transparency and shared expectations.

Implementing formal communication and conflict-resolution processes also strengthens trust and ensures that decisions are based on business needs rather than personal emotions. These systems can be especially helpful when younger generations begin taking more active roles.

Adapting to a Changing Workforce

The modern workforce continues to evolve. Family businesses must adapt to new employee expectations around flexibility, remote work and corporate culture. Those who embrace change can attract top talent and position themselves for innovation and growth.

Creating competitive compensation packages and offering professional development opportunities can help family businesses remain competitive with larger corporations. Technology adoption and digital infrastructure updates are also important as customers and employees increasingly expect seamless digital experiences.

Work with a Business Law Attorney to Strategize Structures and Asset Protection

Issues family business owners should plan for in 2025 include outdated legal structures that no longer accurately reflect their current size, scope, or risk exposure. Reviewing partnership agreements, operating agreements and shareholder documents ensures that the business is protected from internal disputes or external threats.

Asset protection strategies—such as trusts or holding companies—may be appropriate to safeguard family wealth and minimize liability. A business law attorney can evaluate current documents, identify weaknesses and recommend updates based on recent legal developments. If you would like to learn more about planning challenges business owners face, please visit our previous posts.

Reference: The National Law Review (March 13, 2025) “The Big Six Items Family Offices Need to Consider in 2025”

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Estate Planning for Single Dads

April 23, 2025

Estate planning is essential for all parents. However, when it comes to estate planning for single dads, the stakes are even higher. Without a co-parent to step in, ensuring that guardianship, financial stability and legal protections are in place is critical. A well-structured estate plan provides peace of mind by securing an inheritance, appointing a guardian and safeguarding financial assets to protect children in the event of unexpected circumstances.

Choosing a Guardian for Minor Children

For single dads, one of the most important estate planning decisions is naming a guardian for their children. If a father passes away or becomes incapacitated without legal documentation, the court will decide who assumes parental responsibilities. This process can be lengthy, stressful and may not reflect the father’s wishes.

Selecting a guardian requires considering factors such as financial stability, parenting values and the individual’s willingness to take on the responsibility. It is also wise to name an alternate guardian in case the first choice is unable to serve. Once a guardian is chosen, the decision should be legally documented in a will to ensure clarity and prevent disputes.

Creating a Financial Safety Net

Single fathers often bear full financial responsibility for their children, making it crucial to ensure that funds are available for their long-term needs. A life insurance policy is a key tool that provides financial security in the event of an untimely death. The policy’s payout can cover living expenses, education and healthcare costs, easing the financial burden on guardians or surviving family members.

A trust can also help manage assets for children until they reach adulthood. Unlike a simple will, a trust allows the father to specify how and when funds should be distributed. This prevents young beneficiaries from receiving a large sum of money before they are mature enough to handle it responsibly. Naming a trustee ensures that assets are managed according to the father’s instructions and used solely for the benefit of the children.

Establishing Power of Attorney and Healthcare Directives

Incapacity is often overlooked in estate planning. However, single fathers must prepare for situations where they cannot make medical or financial decisions. A power of attorney (POA) designates a trusted person to handle financial affairs if the father becomes unable to do so. This prevents accounts from being frozen and ensures that bills, mortgages and other obligations continue to be paid.

A healthcare proxy, also known as an advance directive, outlines medical treatment preferences in the event of a serious illness or accident. This document ensures that medical decisions align with an individual’s personal values and wishes, thereby avoiding confusion and unnecessary disputes among family members.

Planning for a Child’s Inheritance

Inheritance planning is another critical aspect of estate planning for single fathers. If no legal documentation is in place, assets may be subject to probate, a court-supervised process that can delay inheritance and incur unnecessary costs. A will clearly specifies how assets should be distributed and who should manage the estate.

For fathers with minor children, a custodial account or trust provides additional control over how funds are used. This ensures that money is allocated toward education, housing and daily expenses rather than being mismanaged. By structuring the inheritance properly, fathers can preserve wealth for their children’s future, while minimizing legal complications.

Updating Beneficiary Designations

Many assets, such as retirement accounts, life insurance policies and investment accounts, allow account holders to designate beneficiaries. Single fathers should review these designations regularly to ensure that the correct individuals are listed. Failure to update these documents after major life events, such as a divorce, can result in assets unintentionally passing to an ex-spouse instead of children or other intended heirs.

Beneficiary designations take precedence over wills, making them one of the most important aspects of estate planning. Keeping them up to date ensures that assets pass directly to the designated recipients without going through probate. Estate planning for single dads does not have to be daunting. Work carefully with an experienced estate planning attorney to do it right. If you are interested in learning more about estate planning for single parents. please visit our previous posts.

Reference: Fidelity (July 12, 2024) “Single parents estate planning”

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Removing a Trustee Due to Incapacity

April 21, 2025

A trustee is responsible for managing and distributing assets according to the terms of a trust. However, when a trustee becomes mentally or physically incapacitated, they may no longer be able to fulfill their legal and fiduciary responsibilities. In such cases, the beneficiaries or co-trustees may need to take steps to remove the incapacitated trustee and appoint a capable replacement. Removing a trustee due to incapacity is a sensitive legal matter. It requires careful planning and adherence to the terms of the trust.

Understanding the process and potential challenges can help protect the trust and ensure that assets continue to be appropriately managed.

Identifying Signs of Trustee Incapacity

A trustee’s incapacity is typically related to cognitive decline, physical illness, or other conditions that prevent them from effectively managing the trust. Common signs that a trustee may no longer be fit to serve include:

Forgetting important financial obligations or failing to distribute assets as required
Making poor financial decisions that jeopardize the value of the trust
Neglecting record-keeping responsibilities, leading to missing or inaccurate financial reports
Becoming unresponsive to beneficiaries or failing to communicate about trust matters
Receiving medical diagnoses, such as dementia or severe physical impairments, that prevent them from fulfilling their duties

Incapacity can be gradual or sudden, so it is crucial to monitor the trustee’s ability to manage the trust effectively and act when necessary.

Reviewing the Trust Document for Removal Provisions

Most well-drafted trusts include guidelines for removing a trustee in the event of incapacity. These provisions often specify:

Who has the authority to remove a trustee (e.g., beneficiaries, co-trustees, or a trust protector)
What evidence is required to prove incapacity, such as a physician’s certification or court determination
The process for appointing a successor trustee to take over management responsibilities

If the trust document clearly outlines removal procedures, the process can be relatively straightforward. However, if the document does not specify incapacity procedures, court intervention may be required.

Seeking Medical and Legal Evidence of Incapacity

In cases where a trustee’s incapacity is disputed, gathering medical and legal evidence is necessary. This often includes:

Medical documentation from a licensed physician stating that the trustee is no longer capable of making financial decisions
Statements from beneficiaries or co-trustees detailing instances of mismanagement or neglect
Court petitions, if necessary, to legally establish the trustee’s incapacity and authorize their removal

Having clear documentation can prevent unnecessary legal disputes and ensure a smooth transition of trustee responsibilities.

Initiating the Removal Process

If the trust document provides a process for removal, the first step is to follow the outlined procedures. This may involve notifying the incapacitated trustee, obtaining required medical opinions and formally naming a successor trustee.

If no removal process is specified in the trust, the beneficiaries or co-trustees may need to file a petition in probate court to request judicial intervention. The court will review medical evidence, evaluate the trustee’s condition, and determine whether removal is in the best interest of the trust and its beneficiaries.

Appointing a Successor Trustee

After the incapacitated trustee is removed, a new trustee must be appointed to manage the trust. The trust document typically designates a successor trustee. However, if no successor is named, the beneficiaries or the court may need to appoint one.

Choosing a responsible and qualified individual or corporate trustee ensures that the trust remains properly managed and continues to serve its intended purpose.

Preventing Future Issues with Trustee Incapacity

Removing a trustee due to incapacity is never easy. To avoid future complications, it is essential to include clear incapacity provisions in a trust. These provisions should outline who has the authority to remove a trustee, what documentation is required and the process for appointing a successor.

Families can also consider appointing co-trustees or a trust protector who can step in if the primary trustee becomes incapacitated. Taking these steps ensures that the trust remains in capable hands and that assets are protected for beneficiaries. If you would like to learn more about the role of the trustee in estate planning, please visit our previous posts.

Reference: ACTEC Foundation (January 2024) “Practical Considerations in Dealing with Incapacity”

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Tell Designated Representative Where to Access Your Estate Planning Documents

April 15, 2025

Estate planning ensures that your assets, medical decisions and financial affairs are handled according to your wishes. Those plans can only be carried out if your designated representative—whether an executor, trustee, or power of attorney—knows where to access critical documents. If estate planning materials are lost, misplaced, or inaccessible, it can create confusion, legal delays and unnecessary stress for your loved ones. Taking the time to securely store your plan and tell your designated representative where to access your estate planning documents ensures that your estate plan functions as intended when the time comes.

Why Document Accessibility Matters

Many families assume that having a will or trust in place is enough. However, if those documents cannot be located, probate courts may default to intestacy laws, meaning assets could be distributed in a way that contradicts your wishes. Similarly, if a healthcare proxy or financial power of attorney cannot be found in an emergency, your designated representative may be unable to make urgent decisions on your behalf.

Common problems arise when:

Family members are unaware that estate planning documents exist
Digital copies are stored without providing access credentials
The original signed documents are locked away in a place no one can reach
The wrong version of a will or trust is used because outdated copies were not replaced

Avoiding these pitfalls requires proactive planning and clear communication with the individuals responsible for managing your estate.

Where to Store Estate Planning Documents

Estate planning documents should be secure yet accessible to those who will need them. Some of the best storage options include:

A fireproof and waterproof home safe – Provides security while allowing easy access for trusted individuals
A safe deposit box at a bank – Offers high security but may require legal documentation to access after death
With an estate planning attorney – Ensures documents are professionally stored and available when needed
Secure digital storage – Online vaults or encrypted cloud storage can provide a backup. However, access credentials must be shared

The chosen storage location should be clearly communicated to the executor, trustee, or agent named in your estate plan to prevent any complications.

Documents to Keep Readily Available

While some documents, such as property deeds or financial statements, may not require immediate access, others are time-sensitive and should be readily retrievable. Key estate planning documents include:

Last Will and Testament – Guides asset distribution and executor responsibilities
Revocable or Irrevocable Trust Documents – Directs how assets in a trust are managed and distributed
Power of Attorney Forms – Authorizes financial decisions in case of incapacity
Healthcare Proxy or Medical Power of Attorney – Grants decision-making authority for medical care
Advance Directives (Living Will) – Outlines medical treatment preferences
Insurance Policies and Beneficiary Designations – Ensures quick access to life insurance claims
Funeral and Burial Instructions – Prevents family disputes and provides clarity on end-of-life wishes

Providing copies or access to these documents ensures that designated representatives can act swiftly when needed.

How to Inform Your Designated Representative

Choosing someone to manage your estate and medical decisions is a crucial part of estate planning. However, they must be properly informed about their role. Have a conversation to discuss:

The responsibilities and expectations of their position
Where estate planning documents are stored
Who else should be involved in financial or medical decisions
The process for updating or modifying documents in the future

If digital records are used, ensure that you share any necessary login credentials or security codes to prevent access issues. Many people choose to provide their attorney or executor with copies of their estate documents, ensuring that the most up-to-date versions are readily available. Telling your designated representative where to access your estate planning documents will give you and your loved ones the peace of mind knowing that your planning will be addressed properly. If you would like to learn more about the role of the executor, or trustee, please visit our previous posts.

Reference: Charles Schwab (Jan. 21, 2025) “How to Store Estate Planning Documents”

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The Estate of The Union Season 4|Episode 2 is out now!

April 10, 2025

The Estate of The Union Season 4|Episode 2 is out now! In this episode of the ESTATE OF THE UNION, Brad Wiewel is going to discuss gifting to grandchildren – is it a blessing or a curse?

As a great general rule, people who have grandchildren are entranced by them! They typically have plenty of photographs to share and stories to tell. These kids are perfect and always will be – right?

In this edition of the Estate of the Union bought to you by Texas Trust Law, Brad Wiewel has some advice for grandparents which may seem to be contrary to the general idea that making substantial gifts to those adorable grandkids is always the right and proper thing to do. Maybe Brad is getting a little bit jaded as he ages, or maybe his advice is worth considering – you get to decide! Is gifting to grandchildren a blessing or a curse?

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 2 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

Category: Trusts

Steps to Avoid Inheritance Issues in Second Marriages

The Estate of The Union Season 4|Episode 3 is out now!

Many Ways to Include a Charity in Your Estate Plan

Care for Your Pets After You Pass with a Pet Trust

Issues Family Business Owners Should Plan for in 2025

Estate Planning for Single Dads

Removing a Trustee Due to Incapacity

Tell Designated Representative Where to Access Your Estate Planning Documents

The Estate of The Union Season 4|Episode 2 is out now!

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