King & Wood, P.A.

Selling Your Business? Plan Early!

“Consider the sale of your business like painting a work of art; each brushstroke complements the one before it while enhancing those that follow.”

If you own a business and plan to sell it eventually, you’ll want to maximize the resulting profits. Start early, says a recent article, “Is the Sale of a Business in Your Future? Be Informed. Plan Early,” from Inc., because it can take years to prepare a business for a successful sale.

A few factors to consider:

• Understand the multiples used by your peer groups and why some companies sell for higher prices than others.
• Adapt and evolve your business, so it achieves a higher value at the time of sale.
• Work with an estate planning attorney and tax adviser to optimize both long-term tax efficiency and financial security after the business is sold, whether for retirement or your next venture.
• Create a plan aligned with goals and values for the capital created when the business is sold.

Understand the value of your business. Key performance indicators (KPIs) reflect more than your sales and overhead costs. Industry trends, potential risks, opportunities and financial and operational health are all concerned. Cash flow matters, as do interest coverage, days sales outstanding, inventory turnover, return on equity and cash flow to revenue. So does customer concentration risk and the management structure in place now and in the future.

How does your company stack up compared to your competitors and industry averages? Planning for the sale of a business requires regular assessment of all these metrics, making the changes needed to improve the value of the business, and continuously measuring and evaluating.

Estate planning protects profits. Today’s historically high estate exemptions, due to sunset in 2026, could play an essential role in whether you plan on selling the business soon. Everyone has a lifetime exemption allowing them to transfer assets during their lifetime or after death without incurring federal estate or gift taxes. In 2024, the lifetime exemption is $13.61 million. Unless Congress acts to renew this level, it will revert to approximately $7 million as of January 1, 2026.

Consider this example: a married couple with a net worth of $50 million has never used any part of their lifetime exemption. With no estate planning, they die in 2026, and the exemption is $7 million. Their combined estate tax liability could be $14.4 million.

Working with an estate planning attorney to prepare to take advantage of the exemption, the couple could use their full lifetime exemption in 2024 or early 2025 by creating irrevocable trusts to benefit each other and their children or grandchildren. With the guidance of an experienced professional, they can transfer a combined $27.22 million into irrevocable trusts, taking this significant amount out of their taxable estate. With planning, they could avoid paying more than $5 million in federal estate taxes.

This is a simplified version of one strategy available. Business owners also have other opportunities to obtain discounts on assets for valuation purposes,

Estate planning attorneys are already working with clients to prepare for the end of these exemption rates. As 2025 progresses, you’ll want to contact your own estate planning attorney sooner rather than later. Discuss your timeline for selling your business in light of these changing exemptions, which may turn out to be a significant factor.

Reference: Inc. (Oct. 28, 2024) “Is the Sale of a Business in Your Future? Be Informed. Plan Early”

How Does a Special Needs Trust Work?

“It’s common for parents of children with disabilities to worry about their childrens’ futures. However, one way they can provide support and give loved ones peace of mind is by creating a special needs trust.”

The most straightforward description of a special needs trust is designed to hold assets for a disabled person without putting benefits received from the government at risk. It’s essential for those planning for a loved one’s future to understand how special needs trusts work, how they are funded and what they can and cannot accomplish. A recent article appearing in Success, “What Is a Special Needs Trust?” provides more insight.

Individuals with disabilities who qualify for financial support through Medicaid or Supplemental Security Income (SSI) must have limited assets and income. They become ineligible for benefits and resources if they exceed their state’s limits. A Special Needs Trust (SNT) keeps assets separate.

An estate planning attorney creates the SNT and names a trustee for the funds. The trust's assets are to be used for housing, transportation, education, health and other expenses not covered by government benefits.

In some cases, the SNT shouldn’t be funded until necessary. Once money or other assets are in the trust, its use is restricted. Parents are advised to ensure that well-meaning grandparents or other family members don’t bequeath assets directly to their disabled loved ones. They have the option of creating an SNT of their own or bequeathing assets to the SNT created by the parent.

There are different kinds of SNTs. A Third-Party Special Needs Trust is created by a parent or other involved person to benefit a disabled child. If any assets are in the trust when the beneficiary of the trust dies, the person who created the trust decides who receives them. They may choose to donate the assets to a charity or a family member.

If an adult becomes disabled later in life, a different type of trust is used: a First Party Special Needs Trust. These trusts are created to own the assets of the disabled individual. For instance, if someone becomes disabled due to a car accident and receives a legal settlement, the money would go into the trust. This allows the disabled person to continue to receive government benefits. When the person dies, the funds spent on their care are paid back to the government through the Medicaid Repayment Program.

Parents or loved ones need several other legal documents to protect themselves and their disabled family members. An estate planning attorney will draft a will to ensure that the parent’s assets pass into the Special Needs Trust. Everyone should have a Power of Attorney and Medical Power of Attorney to protect themselves in case of incapacity.

Checking beneficiary designations is especially important if a family member receives funding from a Special Needs Trust. The person named on the beneficiary designations receives assets upon the owner’s death, which could put their government benefits at risk. All assets must go into the Special Needs Trust to protect their Medicaid eligibility.

Planning for the future is essential for parents of disabled children and adults. It can’t fix everything, but it can relieve some of the worry, knowing that their loved one’s future is protected.

Reference: Success (Oct. 20, 2024) “What Is a Special Needs Trust?”

How a Serious Diagnosis Changes Estate Planning

“Why we might drag our feet over some of the most important financial decisions.”

A thoughtful conversation with Jonathan Clements, a long-time and well-respected personal finance reporter, appeared in a recent article on Morningstar, “How Illness Can Change the Way You Approach Your Finances.” Clements, who covered personal finance for The Wall Street Journal for decades, was diagnosed with advanced cancer and told he had about a year to live. He spoke with a reporter about his financial and estate planning decisions considering his illness.

Accelerated Giving to Children. Clements has been giving more to his children and funding 529 plans for grandchildren. He lives in one of the few states with an inheritance tax—Pennsylvania. His wife won’t have to be concerned with the inheritance taxes. However, his children will. The Keystone State puts a 4.5% tax on every dollar they inherit, regardless of whether they live in Pennsylvania.

Streamline Investment Accounts. Even before the diagnosis, Clements noted he had simplified his financial accounts. He’d had four credit cards and trimmed that number to two, learning that closing credit card and bank accounts takes a lot of time and effort.

Shred Outdated Records. Like so many of us, he had bank records going back decades. A shredder has been working overtime in his home, getting rid of bank documents and tax returns dating from 1986. Clements now has seven years of tax returns and supporting materials.

Powers of Attorney. Despite such a serious diagnosis, Clements admitted to not having a Power of Attorney until recently. He had moved from New York to Pennsylvania four years ago to be closer to his daughter and grandsons.  However, he had never gotten around to updating his POA. Sound familiar? If you moved and haven’t updated your POA, now would be a good time to do so.

The Problem with Inertia and Estate Planning. Clements is far from the only person to delay getting estate planning documents taken care of, readily admitting, “The cobbler’s children have no shoes.” Everyone should have an estate plan created by an experienced estate planning attorney, with adjustments made if they move, have children or grandchildren, divorce, or remarry. Many people fail to make these updates, and their loved ones are left to deal with the aftermath.

Talk With Your Family About Your Estate Plan, Finances and Wishes. After decades of writing on personal finance, Clements is well-versed in all personal finance matters, investments and how they impact estate planning. However, when he sat down to speak with his family after the diagnosis to talk about his estate, what he thought was simple and straightforward wasn’t clear to them.

Beneficiary designations, last will and testament, investments, how wills go through probate and how some assets pass through probate, and others don’t were second nature to him but not to family members. The initial family meeting was followed by countless conversations with his two adult children and his wife to clarify things like probate, Roth IRAs versus traditional IRAs and how assets are passed.

Having a conversation with your loved ones and meeting with an experienced estate planning attorney should be done before a terminal diagnosis arrives. It takes time to work through the details, and family members will need more than one conversation to fully understand your wishes. Leaving behind a well-organized estate is leaving a gift to loved ones.

Reference: Morningstar (Oct. 20, 2024) “How Illness Can Change the Way You Approach Your Finances” 

Why an Updated Estate Plan Is Critical, Especially Now

“This is the perfect time to get an estate plan in place, or if you have one already, to make sure your plan is updated for changes in the law and that it reflects your current intentions.”

Without a properly prepared and current estate plan, property is distributed following the intestacy law of the decedent’s state of residence. In most cases, the laws are centered around kinship, with spouses and children dividing percentages of the estate.

If you had something else in mind, it wouldn’t matter—the time to create and update an estate plan is while you’re living. We all know this. However, many just keep procrastinating. A recent article, “Make sure your estate plan is updated to reflect law changes,” from Los Altos Town Crier, explains precisely what pitfalls your loved ones will face if you put off creating an estate plan until it’s too late.

Probate can be minimized or avoided with a professionally prepared estate plan. The probate experience varies with the jurisdiction: in some courts, it’s a streamlined process, while in others, it is a series of delays, sometimes stretching out over months or even years. The time and costs of probate also depend upon the complexity of the estate. In some states, probate can cost 4—7% of the estate’s total value.

An estate planning attorney works with clients to create a means of passing assets to their intended beneficiaries without court involvement. This takes many different shapes depending on the family, the value of the assets, the structure of ownership, etc. Trusts, payable on death accounts, joint tenancy ownership and LLCs (Limited Liability Corporations) are just a few means of passing wealth without involving probate.

Estate planning attorneys help clients control how and when assets are passed to heirs. For instance, if someone had a child who is exceptionally mature and responsible, they may wish to provide the child with their inheritance upon their death. A trust can be created to address the concerns of a family with an adult child who, for whatever reason, cannot manage money. The trust can have a trustee who will be charged with distributing assets according to directions provided by the parents—after achieving certain milestones, at specific ages, or when the trustee deems funds should be distributed.

Incapacity is unpleasant to consider but is as much a part of estate planning as planning for asset distribution after death. Without having a plan for incapacity, the family may be forced to go to court and petition for a supervised conservatorship, a costly and stressful process.

Incapacity or death are the last things on the minds of new parents. However, when a new child joins the family, updating an estate plan to include naming a guardian becomes critical. If there is no will or the will has never been updated to reflect the addition of children, the court determines who will raise the children. Any interested party may petition the court to be appointed as a guardian. The court ultimately makes the decision. However, the decision by the parents, as expressed in an estate plan, will have more weight than an estranged sibling.

An estate plan protects the family by lessening the chances of family disputes and legal battles, which can lead to lifelong divisions. A meeting with an estate planning attorney will give you insight into the importance of having an estate plan and how it serves as a gift to loved ones.

Reference: Los Altos Town Crier (Oct. 29, 2024) “Make sure your estate plan is updated to reflect law changes”

Suggested Key Terms: Intestacy Law, Decedent, Estate Planning Attorney, Kinship, Property, Ownership, Assets, Limited Liability Corporation, LLC, Will, Guardian, Conservatorship, Trust, Spouses, Children, Beneficiaries, Incapacity, Joint Tenancy, Payable On

Estate Planning and Protecting Your Privacy

“Though no one likes to think about their death, making plans when times are good will make it easier for your loved ones and help protect your legacy.”

It’s never too early to start considering your estate plan and preparing for what you want to leave behind. This includes some things, like personal journals, you might not want to leave behind. These are just a few good points made in a recent article from yahoo! finance, “Planning your estate? Decide who gets your passwords—and who will burn your journals.”

If your journals are online, you’ll want to leave the platform information, login name and password of whoever you’ve decided is going to manage the journals after you’ve passed. You might consider following the example of one person, who has a pact with her estate planning attorney and close friend: whoever dies first will burn and delete all of their journals. They don’t have deep, dark secrets; they don’t want hurt feelings or misunderstandings with their family members.

Most estate planning focuses on dividing financial assets and personal possessions and deciding who will be the executor, the person in charge of administering the estate. However, there’s more than real estate and investment accounts to consider. Digital assets need to be addressed, and because they exist online and with no paper trail, they can become problematic.

Estate planning attorneys advise everyone to have an estate plan. Don’t think you have all the time in the world to do it, since we never know when an accident or diagnosis may occur. Think through all of your belongings, digital and otherwise, and make a plan so your loved ones aren’t faced with secrets or surprises.

Think of your estate plan as a kindness to loved ones. They are overwhelmed by grief and not in the best state of mind to make hard decisions, like figuring out what kind of end-of-life care you want. By having estate planning documents with specific directions, you’ve helped them through a tough time.

Some people are really good with details. One woman with no living relatives created a notebook with all her accounts and passwords and specific directions for what she wanted to happen with everything she owned, from real estate to a favorite vase. She also planned her own funeral, knowing there wouldn’t be anyone to do it, and having specific thoughts about what she wanted to occur. She listed the guests to be invited and a menu for the funeral luncheon, including who was to cater it.

Most people don’t go to this level of detail. However, it would be helpful if they did.

Regardless of your age, you’ll need to do some estate planning. Start by taking a look at your accounts. If there’s an option to name a beneficiary to inherit the account upon your death, write in a name. If you’re young, it may be a parent or a sibling. If you’re older, it’s more likely to be a spouse or an adult child. Create a notebook of your own with a list of your accounts, including digital assets.

Consult an estate planning attorney to create a will, and don’t neglect a Power of Attorney and a Healthcare Power of Attorney. These last two documents will permit a person of your choosing to take over financial and legal matters in case of incapacity. A healthcare power of attorney, sometimes called a healthcare proxy, lets a person of your choice make decisions regarding healthcare on your behalf. If you don’t have these documents, your loved ones will need to go to court and obtain guardianship and/or conservatorship if you’re too sick or are injured and can’t communicate your wishes.

For some families, the arrival of the holiday season offers many opportunities to discuss their hopes and plans. Even if you only touch on a few points, it might be a good time to start the conversation, providing clarity and promoting the understanding that these topics must be discussed in advance.

Reference: yahoo! finance (Oct. 24, 2024) “Planning your estate? Decide who gets your passwords—and who will burn your journals”

How Professionals Use Estate Planning

“Estate planning is essential for professionals looking to secure their financial legacy and protect their assets.”

Estate planning encompasses many aspects of an individual’s life, including asset management, wealth transfer and tax planning. With the help of an experienced estate planning attorney, a secure financial future and protection for loved ones can be accomplished. A recent article from mondaq, “Estate Planning for Professionals” provides useful details.

Estate planning includes protecting personal assets from creditors. The tools most often used include trusts, retirement accounts and insurance. Which type of trust is needed depends upon each person’s circumstances and should be tailored to meet your needs. Available trusts include gift trusts, revocable trusts, marital trusts, trusts to benefit children and special needs trusts, to name a few. Trusts also transfer business assets out of direct ownership while minimizing estate taxes.

Retirement accounts, including IRAs, are considered savings vehicles but serve other purposes. Certain retirement accounts include ERISA spendthrift protections, which also allow unlimited accumulation free from creditor claims while protecting someone from taking too much out of their account. ERISA, a federal law, does not protect IRAs, so any protection for the IRA is state-specific. In some states, assets in IRA and Roth IRAs are protected from creditors in case of bankruptcy.

Business owners are often advised to use LLCs and corporations to protect assets from creditors. However, the entity used depends upon the nature of the business and the owner’s circumstances. Keeping business and personal assets separate is a foundation of estate planning, which should also incorporate retirement and succession planning.

Succession planning should be done as soon as a business reaches a certain level of stability and success. If family members are part of the business, assigning key roles, clarifying responsibilities and planning for how ownership will transfer when the founding owners decide to retire or if they die while still operating the business needs to be in place. How the business will be transferred, which can occur in many different ways, must be clarified.

Divorce is an unpleasant fact of life for many families. Protecting assets must be weighed along with maintaining relationships, particularly where children are involved. A pre-nuptial agreement for the professional or business owner should be part of planning for marriage. Drafting the document when the relationship is good can clarify issues and hopefully preclude some acrimony if the marriage doesn’t go well.

An estate plan requires time to prepare, as documents including a last will and testament, power of attorney, healthcare power of attorney, advanced directives and trusts all require careful drafting. Any estate plan must be reviewed every few years to ensure its efficacy.

Reference: mondaq (Oct. 18, 2024) “Estate Planning for Professionals”

It’s Not Too Soon for Generation X to Start Estate Planning

“Gen X is stuck in the middle of children and aging parents. However, retirement's not far off.”

Adults born between 1965 and 1980 are often called the “sandwich generation” as they sometimes support older children who are still figuring out who they want to be when they grow up and caring for aging parents. While retirement may feel far away, says a recent article from Kiplinger, “Come as You Are: Wealth Management for Gen X,” it’s on the horizon, and planning for the future should start now.

Some of the tools used for retirement planning include 401(k) plans, which are tax-deferred plans from an employer. If your employer offers matching funds, try to contribute enough to take advantage of the match. You can also use a personal IRA to make tax-free annual contributions.

With changes from the SECURE 2.0 Act, you can open and contribute to a 529 College Savings Account and then roll a portion of unused funds into a Roth IRA once the account has been opened for 15 years and the funds have been in the account for at least five years. There are rollover limits, but this might be a good fit for retirement savings. Commonly, 529 funds are used for various educational purposes, so even if your children are past college, your grandchildren might use them for private school, not just college.

The one constant in life is change, and estate planning documents created when your children were little need to be reviewed and possibly updated. If the last time you thought about your will was when your adult children were born, you should schedule a review with your estate planning attorney. Changes like marriage, divorce, death, financial ups and downs and changes in the tax law all call for updates to wills.

If you don’t have long-term care insurance, now is the time, while you’re still relatively young and healthy enough to be able to buy it. Insurance companies now offer hybrid policies combining life insurance with a long-term care insurance policy rider.

Digital assets are a relatively new asset class requiring estate planning. Speak with your estate planning attorney to be sure your estate plan documents reflect your digital life. If you are active on social media, investing in cryptocurrency, or own an online business, you have digital assets and need to protect them.

Be proactive about estate planning to protect yourself now and your loved ones after you’ve passed. Just as retirement is on the horizon, so are the inevitable events of aging. Make an appointment to see an estate planning attorney to learn your needs, now and in the future.

Reference: Kiplinger (Oct. 7, 2024) “Come as You Are: Wealth Management for Gen X”

Wealth Protection Through Estate Planning

“Estate planning is crucial and beneficial in many ways since it documents all your assets—from real estate, bank accounts, investments and business interests to personal items, like family heirlooms and even your monthly subscriptions.”

Without a well-prepared estate plan, wealth can be lost to taxes, administrative costs, or disputes among heirs, both in and out of court. With an up-to-date estate plan, changes to tax laws are proactively addressed and wealth can be protected and passed across generations. A recent article appearing in Medical Economics, “Estate planning is your first line of defense against wealth loss—Here’s what you should know,” explains how an estate plan creates a framework to minimize taxes, avoid the costs and complications of probate and ensures that your wishes for your estate are followed.

Documenting assets is one task that is done when creating an estate plan. When records are not clear, transferring assets can become complicated. A comprehensive record-keeping system can store documents like deeds, life insurance policies, asset inventories, family videos and photographs online.

Many financial records are already online through client portals by major financial companies. The key to incorporating these records into an estate plan is remembering where all the information is stored and being willing to share access information with a trusted family member or friend. The person you name as an executor of your will or a trustee for a trust is the most likely candidate to be provided with this information.

There are many steps to having a solid estate plan. However, there are also many missteps. Here are some of the most common pitfalls to avoid:

Failing to update an estate plan. All the documents in your estate plan, including a Will, Power of Attorney, Healthcare Proxy, HIPAA Release Form, Trusts, Advanced Directives and more, must be updated to comply with changing laws and changes in your life.

Making a careless decision about the executor or trustee can be disastrous. The eldest child does not have to be the one to be in charge of your estate. Neither does the person you love if their life is a trainwreck. The person to be named executor and/or trustee needs to be someone you know to be extremely responsible, reliable, good with money management and a solid moral compass.

Digital assets are often ignored when it comes to estate planning. However, this new asset class needs to be included. If you have email, you have a digital asset. You have digital assets if you have email, cryptocurrency, websites, social media content, online subscriptions and photos stored in the cloud. Suppose no plan is made to create an inventory of accounts and name a digital executor. In that case, your estate becomes vulnerable to identity theft, valuable cryptocurrency could be lost forever and there may be nothing your loved ones can do.

Most family fights have to do with unequal asset distribution after the death of a parent. A clear estate plan is one way to preclude confusion about what you want to happen after death. Talking about your estate plan while you’re still able to have these uncomfortable discussions is one way to help establish your wishes. You may want to create a Letter of Intent or make a video to express your reasons for making certain decisions. This may not be legally enforceable. However, it will serve to document your wishes.

Estate planning is not just about distributing assets after death. By establishing an estate plan, the family is better prepared to deal with the loss of a loved one and can focus on healing together instead of battling over their inheritance.

Reference: Medical Economics (Oct. 17, 2024) “Estate planning is your first line of defense against wealth loss—Here’s what you should know”

Why Your Trusts Need to Be Reviewed for Potential Tax Issues

“The estate tax exemption amount gets a lot of press. However, that isn’t the tax provision most people need to be aware of in estate planning.”

You’ve undoubtedly seen the headlines about the end of the generous federal estate and gift tax exemptions coming at the end of 2025. Nevertheless, most Americans don’t have estates worth $13,610,000 or $27 million for couples. A recent article, “Is there a tax trap in your trust?” from Los Angeles Daily News, says we should be more concerned with an income tax issue for trusts, especially if they were created years ago.

Trusts created before 2010 commonly contained a trust provision to divide the trust in two upon the death of the first spouse. There were two reasons to split the trust. One was to be sure the surviving spouse didn’t change the named beneficiaries and leave the assets in the trust to someone else, like a new spouse.

The second reason was so each spouse’s estate tax exemption could be used. The use of both spouses’ exemptions mattered more way back then because the exemption was far lower than today: $1 million in 2002.

After 2010, if a married couple had a trust worth $5 million and their trust left everything to each other, the surviving spouse could inherit the trust and then change beneficiaries, disinheriting any offspring from a prior marriage. Even if they didn’t do this, when the second spouse died, there would be an estate tax on the estate's value over the second spouse’s tax exemption.

The A/B Trust solved the problem. The “B” part of the trust was an irrevocable trust and owned the deceased spouse’s share of assets and used the decedent spouse’s estate tax exemption. In 2010, the Tax Relief, Unemployment Reauthorization and Job Creation Act of 2010 became law, and the portability of the estate tax exemption for the first spouse to die was established. The surviving spouse had the option to file an election to preserve the deceased spouse’s estate tax exemption to be applied upon their own death.

The Tax Cuts and Jobs Act came along and raised the estate tax exemption from $5,490,000 to $11,180,000 in 2018. With increases for inflation, most married couples today don’t concern themselves with both spouse’s exemption amounts. However, a new issue must be considered and discussed with your estate planning attorney, especially if you live in a community property state.

When the first spouse dies, all the jointly owned assets receive a step-up in income tax basis in community property states (but only a step-up on the half attributed to the decedent spouse in separate property states). If you purchased an asset for $100, your basis is $100. If you sold it for $1,000, you’d have a profit or gain of $900. However, if the stock was worth $1,000 when the first spouse died, the new basis is $1,000 in a community property state. The beneficiary can sell the stock for $1,000 with no gain. When the second spouse dies, there’s another step-up on income tax basis. However, assets in a “B” trust—those of the first spouse to die—don’t receive another step-up in basis.

The result could be a significant capital gain when the assets are sold, especially if a lot of time has passed since the first spouse's death. If your trust hasn’t been reviewed or revised in a long time, you may want to update your trust, so the share of the first spouse to die goes instead into a marital trust.

A marital trust is drafted to protect contingent beneficiaries, typically the children from the marriage with the first spouse. It also serves to include assets in the surviving spouse’s estate, so the assets get that second step-up in basis.

This is an example of how changes in tax laws require trusts and estate plans to be reviewed by estate planning attorneys. Tax laws change, and personal situations do, too. You may have had a great plan when it was created. However, if your estate plan hasn’t been reviewed or updated in a while, it’s time to make an appointment with an experienced estate planning attorney.

Reference: Los Angeles Daily News (Oct. 20, 2024) “Is there a tax trap in your trust?”

How Can a Will Be Changed?

“While a codicil provides flexibility, frequent amendments can complicate estate planning and create room for misunderstandings.”

A last will and testament is a legal document that distributes assets, including investments, real estate and personal property after death. Once a will has been signed and executed, it becomes the foundation for an estate plan. However, what happens if you want to make changes? This is the topic addressed in a recent article from smartasset.com, “What is a Codicil to a Will?”

A codicil is a legal document that changes an already completed and valid will. Some prefer to use a codicil rather than revise their entire will, usually for reasons of economy. The codicil allows the will’s creator to update specific provisions. A codicil can be used to change beneficiaries, assign a different person to be the estate executor, or even change the size of gifts made to heirs.

Codicils are like wills: they need to be signed and witnessed according to the laws of the state to be valid. People like the ability to make changes to their wills quickly and easily. However, sometimes, a codicil is not the right way to change a will.

The codicil performs best when changes being made to the will are minor in nature. They should be used to make small changes when the testator’s wish is to maintain the overall intent of the will. For instance, the birth of a new child and the addition of an heir could be reflected through a codicil.

An experienced estate planning attorney must create the codicil. Making a note on an original will with initials and a date is not a codicil. It’s a separate document, requiring a formal signature and the presence and signatures of witnesses. Most states don’t require a codicil to be notarized. However, you should check with your estate planning attorney to find out if this applies to your state.

Making a lot of changes to a will with multiple codicils may result in estate problems in the future. There are numerous instances where multiple changes, especially repetitive ones, like taking the same person off and then adding them back, are perceived as changing the intent of the testator (the person who made the will). This leaves the entire estate vulnerable to challenges.

Some typical reasons for using a codicil:

• Changing beneficiaries
• Replacing an executor
• Revising asset distribution
• Divorce, marriage, birth, death.
• Making new bequests
• Correcting prior errors or omissions

Before having your estate planning attorney create a codicil, there are a few steps to take. First, discuss the reason for the change and whether the entire will should be revised. A new will may be better if the change is not simple and straightforward. If the codicil is being done to disinherit a beneficiary, your estate planning attorney may have other suggestions. If you have created trusts, the changes to the will don’t carry over to your trusts. They may need to be modified as well.

Reference: smartasset.com (Oct. 23, 2024) “What is a Codicil to a Will?”