Have you ever remodeled a kitchen? If so, you may have retained a kitchen designer to assist with the project. If not, you may have wished that you had done so by the end of the project. According to This Old House:  “A kitchen designer . . . can help you make the most of your kitchen with an efficient floorplan, good lighting, ergonomic features, smart storage and a pleasing design. He or she can advise you on materials and appliances, and work with suppliers and your contractor to see the project through quickly, efficiently, and cost-effectively.” You set a budget for both the design and construction phases of your remodeled kitchen.

My now ancient but still trusted Webster’s Ninth New Collegiate Dictionary defines a design as “a plan or protocol for carrying out or accomplishing something.” To design is “to create, fashion, execute or construct according to plan.” Does estate planning have a design phase similar to a kitchen remodel? If so, what does it look like?

Over the years, I’ve likely had thousands of initial consultations about estate planning work with potential clients. One misconception, not prevalent but still noticeably present, is that estate planning involves maybe an hour or two of work plugging names and addresses into a template. Although the work has long been titled “estate planning,” the “planning” part is disregarded. Instead, the work is viewed solely as “estate drafting.” However, this misconception is just that – an illusion. In reality, estate planning does have a design phase.

What does designing a kitchen look like? Once again, This Old House provides insight: “[Y]our kitchen designer will focus on finding out not just your taste in countertops and faucets, but how you and your family use your kitchen. . . . The more questions the designer asks, the easier it will be to design a kitchen that meets your personal wants and needs.”

Similarly, during the design phase of an estate plan, you can expect that your attorney will ask numerous questions. These questions are designed to dig into details you may not have considered or have misconceptions about. Examples include:

  • Do you have sufficient assets to have potential Washington or federal estate tax liability? If so, how can your estate plan be designed to minimize or avoid these tax consequences?
  • What about your intended beneficiaries? Are any of these beneficiaries minors? Or are you concerned that any adult beneficiaries may be unable to handle an inheritance responsibly? If so, how can a testamentary trust be designed to best accomplish your goals?
  • Why do you believe that [FILL IN THE BLANK], is the best approach for your estate plan? Clients often read articles online that lead them to think that a particular approach would work best for them. Sometimes, they are right. And sometimes, they have a misconception about Washington law or fail to take aspects of their personal circumstances into account. During the design phase, these misunderstandings can be brought to the surface and corrected so that clients can make more knowledgeable and informed choices.

Just like creating your dream kitchen, preparing solid estate planning documents involves both design and construction phases. Both phases should be accounted for as you budget for the work. Do you need assistance in designing your estate plan? If so, please let us know. We’d be happy to help.

This post is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting with an attorney.

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