Close to half of all Americans make New Year’s Resolutions, according to CBS News. Despite the fact so many people set goals for themselves, a good number of those goals are not accomplished. In fact, CBS reports that only 25% of people are still working on their goals 30 days later, and just 10% accomplish what they set out to do.
If you want to make a New Year’s resolution this year that will help set you and your family up for a better future, you should resolve to complete a few key estate planning tasks. Once you make that resolution, you should also follow through to ensure that you are not leaving your loved ones in a difficult position or jeopardizing all that you have worked hard to acquire all of your life.
To ensure that you are prepared and ready for whatever life sends your way, here are the estate planning moves you should make in 2025. Resolve to make them today, and ensure you move forward with doing so to avoid a lot of potential problems later one.
1. Resolution #1: Create or update your estate plan
The first thing that you should resolve to do this year is to create an estate plan if you don’t already have one, or to update your plan if you do.
Your estate plan is the only thing standing in the way of default rules determining your legacy. Without a plan, the state’s laws determine who is going to get all of the assets you spent your lifetime working to earn. Your family will also have to go through the probate process before any assets can be transferred and the court is going to have to appoint someone to oversee this process.
If you already have an estate plan, then at least you have avoided the undesirable outcome of having intestacy laws determine who gets money and property after a long, protracted, and public probate process. However, you will want to make sure it stays updated. You should review the details once a year to make sure that you have accounted for any life changes and to confirm your plan still reflects your current wishes.
By reviewing your plan, you can avoid problems that arise if you die without the details being updated. This could avert catastrophe. For example, if you had a new grandchild born but did not update your plans to ensure they inherit, you could inadvertently leave everything to your other grandkids and leave just one child out. No one wants a situation like this to happen after their death.
2. Resolution #2: Make sure your loved ones understand your wishes
The next thing you should resolve for the new year is to make sure your loved ones are prepared and ready to carry out your wishes after you have passed.
There is some controversy over whether you should share details about your estate plan with your loved ones during your lifetime. Sometimes, this can create resentment and cause a rift in your relationship — especially if your family members are not going to get the inheritance that they expected to receive.
Still, it can be better to at least have some discussions about your plans during your lifetime. Doing so can help to avoid problems like your will being contested and you losing control over your legacy. You may also be able to reduce conflict among family members after your death. Plus, if you can explain some decisions your loved ones might view as controversial, then at least you have a chance to try to convince them of your point of view.
If you do not want to go into details about your plans with your loved ones despite the potential benefits of doing so, it can still be helpful to at least make sure your loved ones are aware that you have a plan in place and to confirm they know where to find the relevant documents after you are gone.
3. Resolution #3: Put a plan in place for what happens if something goes wrong with your health
Finally, you should resolve to make a plan for what happens if you become incapacitated. This might not be something you think about at a young age, but it is of critical importance because no one can know when or if something is going to happen to them that leaves them unable to act on their own or that leaves them in need of nursing home care.
You have many plans you need to put in place in case of incapacity. You need a plan to pay for nursing home care, which usually means making a Medicaid plan or buying long-term care insurance. You need to specify what kinds of extraordinary medical care you want to accept versus the kinds of care you want to reject. You also need to address things like who should take care of your pets or your kids if you can’t.
If you don’t have these plans in place, this could lead to big problems if something happens. A custody fight could result, or your assets could be lost as you are forced to pay for expensive nursing home services out of your own assets.
If you resolve to address these three big estate planning issues in the new year, you will avoid a lot of potential problems and heartache later — both for you and your family. Don’t wait, and end up not following through on your resolutions. Reach out today to The Edwards Law Firm to speak with an Jacksonville estate planning lawyer who can help you. We service all of northeast Florida with offices in Jacksonville and St. Augustine.
You can give us a call at 904.672.7600 or contact us online to learn more about how we can help you to fuflill your new year’s resolution of securing your future legacy.
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