What to Do When You Can’t Decide About Your Estate Planning

It is a common situation for someone approaching the estate planning process to put it off entirely because they simply can’t decide. They might not know who they wish to appoint as a power of attorney agent, they are not sure how the property should be distributed or perhaps they are having difficulty reaching a decision with the spouse about who should be named as the guardian of the children. Every so often, these people may reach out to an estate planning attorney to talk about what to do with their estate planning, but then months or years may go by simply because they never take the action since they cannot decide.

Even by not making a decision now, you are still deciding. You are enabling another person to step in and make these decisions on your behalf, if you don’t clearly explain it in your estate planning documents. This means that in the case of your minor children, a judge will be responsible for determining what will happen to your children and any money that they could inherit if you pass away.

By not choosing someone to step in and handle your finances in the event of a sudden disability or incapacity, you are assuming that a judge will know the best person for the job. This can be a major mistake and one that you leave your family members to deal with after you have already passed away. It is far easier to sit down and consider naming people to serve in this role now.

Remember that you can always schedule a future consultation with your estate planning attorney to update this material as your life evolves. But by not making a choice, you are still making the choice that you trust the courts to make these decisions on your behalf. Use a Virginia Beach estate planning lawyer to help.