Tax season has prompted you to take a candid look at your financial situation. All of it.
Tax season made it necessary. You collected documents, hunted down account statements, and assessed your assets and liabilities. At this moment in April, you possess a clearer understanding of your finances than you will at nearly any other time this year.
And here’s the catch that many overlook: they simply close the folder. They submit the return, settle their debts, and move forward without ever contemplating the one crucial question. If something were to happen to you tomorrow, would your loved ones be alright? Not just on an emotional level. Legally. Financially. Would they have access to your accounts, the authority to make decisions, and the security of a plan that truly functions?
That question does have an answer. But you need to pose it while the documents are still in front of you.
You’ve already tackled the tough part. Here’s what most people tend to overlook.
The financial insight that tax season brings is often overlooked by most families, who only focus on the return itself. This is a significant missed chance because the information you’ve gathered is precisely what an estate plan requires to remain up-to-date.
Consider what might have changed over the past year:
• You may have opened a new investment account, switched jobs, or rolled over a retirement plan.
• You could have purchased a home, inherited some money, or received a substantial gift.
• You might have welcomed a child, tied the knot, or experienced a divorce.
• Your income may have increased, along with what you plan to leave behind.
• A parent may have passed away, placing you in the next generation’s position.
Any of these changes can quietly disrupt an estate plan that was perfectly logical when it was established. Yet, most people’s plans remain unchanged after they are created, as nothing seems pressing enough to trigger a review. Life gets hectic, and the folder is tucked away in the drawer.
Tax season eliminates that excuse. The documents are right in front of you, and the questions are already on your mind. All that’s needed is one more discussion.
In summary: The financial clarity of April is temporary. It presents the best opportunity all year to evaluate whether your estate plan still aligns with your life and to take action accordingly.
The Form That Could Change Everything You’ve Planned
Here’s a revelation from your tax return that your estate plan might overlook: every retirement account, life insurance policy, and annuity you possess transfers according to a beneficiary designation form – not your will, not your trust, and not your intentions.
These forms take precedence over everything else. It doesn’t matter what your estate planning documents state.
If your 401(k) still lists your ex-spouse, a deceased parent, or no beneficiary at all, that’s where the funds will go, irrespective of what your will indicates. Courts have upheld this result even when it was evident that the account owner would have preferred otherwise. The form prevails.
If you designated your children as direct beneficiaries without considering their ages, situations, or the tax consequences, a lump-sum distribution could reach them at the most inopportune moment or incur a tax bill that significantly reduces what you intended to leave them. A $300,000 retirement account given directly to a young adult child in a single year could easily result in a $75,000 or more federal income tax bill (approximately a quarter to a third of the inheritance, lost before they can benefit from it).
The issue is that individuals update their tax withholding annually but often neglect to review their beneficiary designations. These forms were completed years – sometimes decades – ago, and they remain quietly in HR systems and insurance policies, poised to cause a crisis.
The takeaway: Your tax return clearly indicates which retirement accounts and life insurance policies you own. Now is the moment to verify who is actually named on each one and if that aligns with your current wishes.
What Your Tax Return Reveals That Your Estate Plan Might Overlook
Certain entries on your tax return indicate that your estate plan requires some attention, even if you’re not consciously aware of them.
For instance, if you have a new dependent listed on your return, it signifies a child who lacks legal protection should both parents become incapacitated tonight. There’s no legal document in place that grants a grandparent, aunt, or trusted friend the immediate authority to pick that child up from school, approve medical treatment, or prevent them from entering foster care.
Additionally, a shift in your filing status from married to single could imply that a former spouse still has control over your medical decisions via an outdated healthcare proxy (a document that typically doesn’t expire automatically after a divorce in most states).
Moreover, if new business income appears on your return, it suggests there are assets without a succession plan. In the event of your absence, who would take over? Who has the authority to maintain operations, pay your employees, or determine whether to sell?
These changes are documented on paper but do not automatically update your estate plan. An attorney assessing your estate plan won’t be aware of your life changes unless you inform them. Unfortunately, most individuals never do.
In summary: If anything noteworthy has appeared on this year’s return that wasn’t present last year, it’s a clear indication that your estate plan may need to be updated, and sooner than you might expect.
Why This Isn’t Just Pulling Out a Folder
A check-up on your real estate plan goes beyond merely reviewing documents. It’s a discussion about whether your life is safeguarded as you believe it is, and often, the reality is surprising.
The essential questions include:
• Has there been a change in your family dynamics that necessitates a revision of who you’ve designated as guardian, trustee, or executor?
• Are your powers of attorney and healthcare directives still valid, or were they created under laws that may have changed since?
• Are your assets titled appropriately? If you own a home solely in your name without a proper plan, it could go through probate, regardless of what your trust stipulates.
• Do the individuals you’ve appointed truly understand your wishes, and are they aware of where to locate everything?
Simply having documents does not ensure your family’s protection. Plans can fail not because they were incorrect at the time of drafting, but because they weren’t updated, couldn’t be located, or lacked guidance for the family during a crisis. This highlights the distinction between a mere document and a comprehensive plan.
In summary: Having the appropriate documents is just the beginning. What truly safeguards your family is a plan that is up-to-date, easily accessible, and supported by someone your family can reach out to.
What You Can Do Right Now
The financial clarity you currently possess is not permanent. It never is. However, if you take advantage of this opportunity – while the paperwork is still fresh and your questions are still active – you can ensure that your loved ones are truly safeguarded.
We assist you in developing a Life & Legacy Plan that effectively serves your family when they need it most. This isn’t just about having documents tucked away; it’s about a comprehensive plan that evolves with your life and a reliable advisor your family can reach out to in times of loss, emergencies, or significant health changes.
This is what proactive planning entails: being fully aware of who holds authority, where everything is located, and what the next steps are…so your family never has to learn the hard way.
Schedule a complimentary 15-minute consultation to learn more.
This article is a service of Kristen Wong of Seasons Estate Planning, APC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.