If you've recently bought a house, during the home buying process you worked with a lot of individuals - your realtor, the seller’s realtor, the title company, the loan officer, and the home inspector. Now that you have finalized the purchase of your house, there is one more advisor you need to call – your estate planning lawyer. It’s very important to not forget this step and reach out to an estate planning lawyer after buying a house. Why is this important?
ALIGNING YOUR OWNERSHIP WITH EXISTING ESTATE PLANNING. First, your lawyer can help you review the new documents associated with your home purchase in conjunction with your existing estate plan. This is to ensure that everything aligns and works towards your overall estate planning objectives. If your existing estate plan includes a Revocable Living Trust that owns all of your assets, it is crucial that your new home is titled in the name of the Trust and not in your name individually.
GENERAL REVIEW/UPDATE OF YOUR ESTATE PLAN. Since you have engaged in a new life changing event, now is the perfect time to review your existing estate plan. This is a great opportunity to make sure that the individuals you have appointed in the crucial roles of guardian, personal representative, trustee, power of attorney, etc. are still able to carry out those duties when the need arises. With the passage of time, these individuals may have moved away, died, or otherwise undergone a life change themselves that makes them a less than desirable candidate to act on your behalf.
While you are reviewing your estate plan, it is also important that you review the dispositive language. Do you still want to have your assets divided the same way? Have the needs of your beneficiaries changed over the years? To ensure that you are protecting and providing for your beneficiaries, you need to make sure that the provisions are set up for the best individualized protection.
DIFFERENT STATE FACTORS. Lastly, if the purchase of your new home is in a new state, you will definitely want to visit an estate planning lawyer. By changing states, the documents you previously have prepared may not adequately protect you and your family. Each state has unique laws regarding trusts and estates, you will need to make sure that any documents you are currently relying on are enforceable in your new state. Unenforceable or not-optimized documents can be just as bad as having no estate planning documents at all.
GIVE US A CALL. Buying a new home is a great new adventure. We are here to help. Contact us or give us a call at 253.858.5434 so we can make sure that you are embarking on this new chapter in your life fully protected.