Estate planning often lives in a land far, far away called procrastination. It’s a quiet land where estate planning sits patiently on mental to-do lists only to be edged out by “more pressing” demands and the assumption that there will always be plenty of time to get to it.
In Washington state, many people put off planning their estates for years, if not decades, until something unexpected (though the whole point of estate planning is to expect the unexpected) and/or tragic forces their hand. By then, the process becomes stressful, not to mention more complicated and expensive, especially if you or your loved ones must pay for expedited services.
Still, there’s no shortage of reasons people come up with to avoid creating an estate plan. Some are based on misunderstandings. Others are rooted in fear or discomfort, which no one enjoys. That being said, most excuses fall apart under closer inspection. Here are the most common ones and why they don’t hold up.
“I don’t have enough assets to need an estate plan.”
This estate planning objection frequently arises among younger adults or those without considerable savings. They mistakenly assume estate planning is only for people with “many” millions in the bank or who own multiple properties.
However, in Washington, the value of an estate isn’t the only factor that matters. What you own — bank accounts, vehicles, a home, family heirlooms, digital assets, collections — can still be subject to legal processes and disputes if no clear estate plan is in place should a person become incapacitated or die.
In addition to naming who gets what in a will, in an estate plan, you can name the individuals you want to make critical and timely medical and financial decisions for you if you cannot. You can do this via a health care power of attorney and a financial power of attorney, along with an advance health care directive (also called a living will), each of which is part of a comprehensive plan and can be “activated” while you’re still alive. You can also make funeral arrangements.
Each in their specific way, these documents protect your wishes during medical emergencies or periods of incapacity, which can happen to anyone, regardless of their net worth. Health and death are the great equalizers; both don’t discriminate based on the kind of car you drive.
“I’ll do it when I’m older.”
Or, the alternative excuse: “I’m young and healthy.”
Unfortunately, many people treat estate planning like a retirement project, something to tackle once the kids are grown up and out of the house, they’ve paid off the mortgage, or they’re teeing up on the golf course. But nothing in life is guaranteed, especially the time we all have on this earth. Illness, accidents, and unexpected events don’t wait for the perfect moment, for which there is none.
The same holds for an estate plan; not everything in your life may be as you like. The good news is that creating an estate plan doesn’t mean locking in your choices forever, which is a common misconception. You can review and update your documents as circumstances change.
What creating an estate plan today does, however, is offer peace of mind no matter what’s going on around you. Putting off decisions entirely within your purview only increases the chances that those decisions will be made by someone else or, worse, by the state.
“I don’t want to deal with any family drama.”
Some people avoid estate planning because they’re worried it might stir up old rifts or lead to hard conversations. While that’s a valid concern, skipping the process doesn’t insulate anyone from conflict. It often creates more of it.
When someone dies without a will in Washington (dying intestate), state law dictates who gets what and who controls what. That legal outcome likely won’t reflect your family’s dynamics, existing estrangements, or promises you made orally, laying the groundwork for disputes that were either non-existent prior or worse than anything anyone in the family has ever experienced.
An estate plan can bypass all of this. A well-thought-out estate plan can minimize misunderstandings, set expectations, and provide clear instructions about the creator’s intentions when emotions among family members are running hot. A few conversations now can prevent a big blowout later.
“It’s too expensive.”
Legal work costs money, and estate planning isn’t immune to that. But there’s a difference between expense and value. The cost of putting an estate plan in place is almost always less than the financial and emotional toll of making tough decisions and settling affairs without one.
Washington state probate can be long and expensive, especially if there’s no will. In some cases, it can drag on for months or, depending on the complexity of the estate, years. Attorney fees, court costs, and lost time accumulate fast.
A proper estate plan can reduce or avoid these expenses altogether. For most people, the one-time fee for estate planning is far less risky and much more manageable than the unknown cost of going without an estate plan.
“I don’t have kids, so I don’t need an estate plan.”
Estate planning isn’t designed solely so you can pass your assets on to your children or other heirs. It’s also for deciding who will handle your affairs, and how you’d like medical decisions handled if you’re unable to speak for yourself.
For those without children, in the absence of clear instructions, your estate could end up with distant relatives you hardly know (or like). Or your wishes might go unmet entirely, left in the hands of a judge, strangers, or people you wouldn’t want making those kinds of decisions for you.
Estate planning also allows you to direct gifts to friends, charities, or community causes that mean something to you. Washington law won’t consider those associations without written instructions.
“I just don’t want to think about it.”
Fair enough. Thinking about death or incapacity for most people isn’t fun. But avoiding these topics doesn’t make them any less real.
Life throws curveballs, and planning won’t make those curveballs come any less fast or hard. Putting protections in place can, however, lessen the sting from the point of impact should one of those curveballs hit.
The discomfort of thinking through end-of-life care and guardianship for minors, elderly adults, or special needs family members, or who will manage your finances during a medical crisis, is temporary. So is letting the key players in your estate plan know your intentions, which you should also do to avoid confusion or the possibility that someone won’t want or be able to take on a role in your estate plan, such as a guardian or trustee, you would like them to.
By creating an estate plan, you leave behind the most valuable assets you have to pass on: security and peace of mind. Avoiding it merely shifts the burden to others.
Getting Started With an Estate Plan in Washington State
Estate planning in Washington doesn’t need to be overwhelming, intimidating, or even expensive. Most people need a basic set of documents: a will, a health care directive, medical and financial powers of attorney (two separate documents with potentially two separate people designated), and, in some cases, a trust.
The specifics of an estate plan depend on the estate size, the family, and the estate plan owner’s wishes. Yes, Washington residents benefit from clear state intestacy laws, but those laws will still be unforgiving and unbending if you don’t have your intentions memorialized in writing.
A Washington estate planning attorney can help you think through your options and craft an estate plan that makes sense for your life today, along with the flexibility to adjust later. You are in control.
Find a Compassionate Washington State Estate Planning Attorney
It’s easy to put off estate planning. That mythical “later” always feels just close enough to touch but still far enough away to ignore. But waiting has a cost and carries a risk — a risk you can easily avoid by contacting a Washington state estate planning lawyer today, because tomorrow is here.
At Elise Buie Family Law, our team of Washington estate planning attorneys has extensive experience drafting estate plans and trusts and can help with yours. Call our Seattle office today or schedule a convenient time to speak.
