Money Talks

Estate Planning for Women: How to Protect Your Family, Assets and Financial Future

Michelle Gonzalez-Tyler, Estate Planning Attorney

This Week’s Guest

Michelle Gonzalez-Tyler

Legacy Advisor/Estate Planning Attorney at Bolingbrook Promenade Estate Planning, LLC DBA Heritage Wealth Solutions

What Should Be Included in an Estate Plan? A complete estate plan is more than a will. Depending on your situation, it may include a will or trust, financial and healthcare powers of attorney, appropriate medical privacy authorizations, beneficiary designations, guardianship instructions for minor children, and a plan for how your financial accounts, property, insurance and business interests will be managed if you become incapacitated or die.


Just as importantly, those pieces need to work together. Having a trust doesn’t accomplish much if assets that should be in it are never properly transferred or coordinated with the plan.

 

Estate planning isn’t about collecting legal documents. It’s about creating a system that allows the people you trust to step in, access what they need and follow your wishes when you can’t do it yourself.

A will sitting in a drawer is one piece. Your bank accounts, property, business, insurance, retirement accounts, beneficiaries, powers of attorney and guardianship plans are other pieces. The goal is to make sure they create one functioning financial protection plan.

Most of us don’t wake up excited to work on our estate plans.

It feels like something for later. Something for people with significantly more money. Or something you already handled because you signed a will ten years ago.

But estate planning isn’t really about preparing for death. It’s about making life easier for the people you love if something happens to you.

During this Purse Strings Money Talks conversation, estate planning attorney Michelle Gonzalez walked through what can happen when families have financial assets but no clear system for accessing or managing them. A house may have a mortgage. A business may need someone who can immediately access accounts and pay employees. Life insurance may exist, but your family needs to know the policy exists and how to claim it. Minor children need both financial protection and a plan for who can care for them.

The question isn’t simply, “Do I have a will?”

A better question is: If something happened to me tomorrow, would the people I love know what to do?

 

A Will Is Not the Same Thing as a Complete Estate Plan

A will is an important estate planning document, but it doesn’t automatically solve every problem.

A will generally provides instructions for how you want certain property handled after your death and goes through the probate process. A trust can be used differently. When appropriate assets are properly transferred or titled into a trust, the trust can provide instructions for how those assets should be managed and distributed without relying on the will alone.

That’s an important distinction because families aren’t only planning for death. They’re also planning for the possibility that someone is alive but unable to manage her own affairs.

Coordinating a trust or will with documents such as financial and healthcare powers of attorney and appropriate medical privacy authorizations is essential. Without the proper authority in place, family members may have difficulty handling financial or healthcare matters when someone becomes incapacitated.

Estate planning laws and probate thresholds vary by state, so the documents and strategies appropriate for one family may not be appropriate for another.

 

Estate Planning Should Prepare for Incapacity, Too

We tend to associate estate planning with what happens after we die, but a serious accident, illness or cognitive decline can create financial problems long before that.

Imagine that you’re unable to manage your finances for several months. Who can pay your mortgage? Who can access the appropriate accounts? Who can manage your business? Who has authority to communicate about your healthcare?

Having money doesn’t necessarily solve those problems. Someone needs the legal authority and information to act.

That’s why powers of attorney and other incapacity planning documents belong in the same conversation as wills and trusts. The goal is to create a plan for who steps in and how things keep moving if you’re temporarily or permanently unable to handle them yourself.

 

Your Trust Only Works If You Finish the Job

This is one of the most useful estate-planning lessons from the conversation: signing a trust isn’t necessarily the end of the process.

Depending on the asset and your attorney’s recommendations, certain property may need to be retitled, assigned or otherwise coordinated with the trust. This process is commonly called funding the trust.

Real estate may require new deeds. Business ownership may require additional documents or changes to an operating agreement. Financial institutions have their own procedures. Certain retirement accounts require special consideration and shouldn’t simply be retitled without professional guidance.

This is why estate planning can take time. Michelle described her process as taking approximately 16 to 20 weeks to reach document signing, with trust funding potentially continuing for months afterward depending on the assets and financial institutions involved. That’s her firm’s process rather than a universal timeline, but it illustrates an important point: don’t wait for an emergency to begin planning.

 

Beneficiaries Need to Match the Rest of Your Plan

Your beneficiary designations deserve more attention than checking a box when you first open an account.

Life insurance and retirement accounts can have their own beneficiary designations, and those choices need to be coordinated with your broader estate plan. Divorce, remarriage, births, deaths and other major changes are all reasons to review them.

Children make this especially important.

You may want money to benefit your children, but that doesn’t necessarily mean you want a large sum handed directly to another family member with nothing legally controlling how it’s used. A properly structured trust may allow you to establish instructions around how assets should be managed for children and when or why money can be distributed.

The right structure depends on your family, assets and state law, which is why beneficiary planning shouldn’t happen separately from the rest of your estate plan.

 

If You Have Minor Children, Plan for the First 24 Hours—Not Just the Next 18 Years

Parents often think about who would raise their children if they died. There’s another question worth asking: Who can take care of them immediately?

In the Money Talks discussion, Michelle distinguished between short-term and long-term guardianship planning. Maybe the person you ultimately want raising your child lives across the country—or even in another country. You may still need a trusted person nearby who can step in until that long-term guardian arrives.

Those instructions shouldn’t simply live in someone’s head. Ask an estate planning attorney how guardianship wishes should be legally documented in your state and what documents would be available when they’re actually needed.

Financial planning for children should also address how the money left for them will be managed. Your guardian and the person managing assets for your children don’t necessarily have to be the same person.

Your Insurance and Estate Plan Should Talk to Each Other

Estate planning doesn’t exist in a legal bubble.

Suppose you leave your home to your children, but there’s still a substantial mortgage. Who pays it? If your family depends on your income, what replaces that income? What happens if you survive an accident or illness but can’t work for an extended period?

That’s where conversations about life insurance, disability insurance and long-term care planning may intersect with estate planning.

Insurance needs vary dramatically by household, and more coverage isn’t automatically better. The important part is understanding what financial responsibilities would remain if your income disappeared and then determining whether your existing assets and insurance could support the people who depend on you.

Your estate planning attorney, financial professional and insurance professional should understand enough about the overall plan to help you avoid creating disconnected solutions.

Business Owners Have Another Layer to Protect

If you own a business, your estate plan needs to address more than your personal bank accounts.

Ask what would happen tomorrow if you suddenly couldn’t work. Who could access business accounts? Who could pay employees? Who could make decisions? What happens to your ownership interest?

A profitable business can lose value quickly if no one has the authority or information necessary to keep it operating.

Business succession planning may require coordination among your estate planning attorney, financial professional, CPA and other advisors. Depending on the business structure, ownership interests may also need to be addressed as part of the trust and estate planning process.

For women building businesses and wealth, this isn’t a small detail. Your business may be one of your family’s most valuable assets. Protect it accordingly.

How Often Should You Review Your Estate Plan?

You don’t necessarily need to start from scratch every few years.

A useful starting point is to review your estate plan at least every three years and whenever significant life or financial changes occur. Depending on the existing documents and attorney, some changes may be handled through amendments rather than recreating the entire plan.

Marriage, divorce, a new child, a death in the family, a new home, significant new assets, starting or selling a business, and moving to another state are all good reasons to contact your estate planning attorney.

The larger point is simple: an estate plan created at 35 shouldn’t automatically be assumed to fit your life at 55.

Your Estate Planning Team Matters

Estate planning is one of those areas where having the right people in the right lanes matters.

An estate planning attorney can create the legal structure. A financial professional can help coordinate your assets and broader financial goals. An insurance professional can evaluate protection needs. A CPA can address tax considerations. Business owners may need additional legal and financial expertise.

You don’t need five people giving you five separate plans. Ideally, you want professionals who understand that their work is part of one financial picture.

That’s also why Purse Strings created its directory of vetted financial professionals. Women shouldn’t have to blindly Google their way through some of life’s biggest financial decisions.

 

Estate Planning FAQ

 

Do I need an estate plan if I already have a will?

A will is part of an estate plan, but it may not address everything you need. A broader estate plan can include a will or trust, financial and healthcare powers of attorney, medical privacy documents, beneficiary designations, guardianship instructions and strategies for managing assets during incapacity as well as after death.

The right plan depends on your assets, family structure, state laws and goals. If you created a will years ago and haven’t reviewed anything else, consider asking an estate planning attorney whether your existing documents still accomplish what you think they do.

What is the difference between a will and a trust?

A will provides instructions for handling certain property after your death and generally works through the probate process. A trust is a separate legal arrangement that can hold or govern assets and provide instructions for how they should be managed and distributed. Properly structured and funded trusts may allow certain assets to be handled outside of probate.

A trust isn’t automatically necessary for everyone, and simply signing one doesn’t guarantee that every asset is covered. The trust needs to be coordinated with account ownership, beneficiary designations and other estate planning documents according to applicable state and federal law.

What does it mean to “fund” a trust?

Funding a trust generally means taking the steps necessary to place appropriate assets under the trust’s ownership or control. Depending on the asset, this could involve retitling an account, recording a new deed for real estate, assigning a business interest or completing paperwork required by a financial institution.

Not every asset should be retitled into a trust, particularly certain retirement accounts, so this shouldn’t be a DIY guessing game. Work with your estate planning attorney and financial professionals to determine how each asset should be coordinated with your plan.

How often should I update my estate plan?

A useful starting point is to review your estate plan every few years and after significant life events. It is recommended to review at least every three years, but your attorney may recommend a different schedule based on your circumstances.

Marriage, divorce, remarriage, births, deaths, moving to another state, buying or selling significant property, starting a business or experiencing a major change in wealth should all prompt another look. Even if the legal documents don’t need to change, beneficiary designations and asset ownership may.

What estate planning documents should parents of minor children have?

Parents should discuss wills or trusts, guardianship instructions, powers of attorney and how assets will be managed for their children. It’s also worth discussing both immediate and long-term guardianship. The person you ultimately want raising your child may not be able to arrive immediately in an emergency.

Parents should also decide who will manage money for their children and what rules should apply to those assets. A trust can potentially provide instructions for expenses such as education, activities and other needs rather than simply leaving a large inheritance without guidance. The appropriate documents and terminology vary by state, so these plans should be created with an estate planning attorney.

Should life insurance be part of my estate plan?

Life insurance and estate planning should generally be considered together because insurance proceeds can affect the financial resources available to the people you leave behind. For example, life insurance may help provide income, pay debts or support children after a parent’s death.

How a policy should be owned and who should be named as beneficiary depends on your circumstances. Larger estates can also face additional estate-tax considerations. Rather than assuming life insurance is entirely separate from estate planning, make sure your attorney and financial professionals understand what coverage you have and how it fits into your overall plan.

What happens to my business if I become incapacitated or die?

Without a succession and estate plan, a business can face immediate practical problems. Someone may need authority to access accounts, pay employees, communicate with customers, manage contracts and make decisions. If nobody can legally or practically step in, the business can lose value quickly.

Business owners should discuss succession planning, ownership interests, operating agreements and estate planning with appropriate legal, tax and financial professionals. The goal is to create a clear roadmap for who takes over and what happens to your ownership if you’re no longer able to run the company.

Do I need powers of attorney if I’m married?

Marriage doesn’t necessarily give your spouse automatic authority to handle every financial or healthcare matter on your behalf. Properly executed financial and healthcare powers of attorney can establish who is authorized to act if you’re unable to make decisions yourself.

The requirements vary by state, and additional healthcare privacy authorizations may also be appropriate. This is one reason estate planning isn’t only about death: these documents can become essential while you’re still alive.

How much does an estate plan cost?

Estate planning costs vary significantly based on location, attorney, complexity and the documents required. Some attorneys bill hourly, while others offer flat-fee packages.

During this Money Talks session, Michelle explained that her Illinois practice uses flat fees and described a broad range of approximately $2,500 to $8,000 depending on the work involved. That should not be treated as a national price estimate; it is an example from one attorney’s practice.

When comparing attorneys, ask what’s included in the fee. Drafting documents is only part of the process. You’ll also want to understand whether the attorney assists with funding a trust, how future amendments are handled and what ongoing support is available.

How do I find the right estate planning attorney?

Start with an attorney licensed in your state who regularly practices estate planning. Ask how their process works, what documents they typically recommend, whether they help clients fund trusts, how they charge, and what happens when your plan needs to be updated.

Interview multiple attorneys rather than automatically hiring the first person you meet. You’re sharing deeply personal information and potentially creating a professional relationship that lasts for decades, so expertise matters—but so does feeling comfortable asking questions and understanding what you’re signing. 

 

Key Takeaways

A will alone may not be a complete estate plan. Your plan should consider what happens during incapacity as well as after death.

Your financial pieces need to work together. Trusts, beneficiary designations, insurance, retirement accounts, real estate and business interests shouldn’t be planned in isolation.

Parents need an immediate plan as well as a long-term one. Consider who can care for minor children in the first hours or days of an emergency and who you ultimately want raising them.

Signing a trust may only be the beginning. Properly coordinating and funding it can be essential to making the strategy work as intended.

Review your plan as your life changes. Your family, assets, relationships, business and goals evolve. Your estate plan should evolve with them.

 

Ready to Get Your Plan Working Together?

You don’t need to become an expert in trusts, insurance, probate and beneficiary rules. You do need to know enough to ask the right questions—and have professionals who can help make sure the pieces work together.

If you’re in Illinois, you can connect with Michelle Gonzalez for estate planning guidance. If you’re elsewhere, use the Purse Strings Directory to find a vetted financial or legal professional who can help you build a plan appropriate for your family, assets and state.

Because the goal isn’t to leave your family a beautiful binder full of paperwork.

It’s to leave them a plan that actually works when they need it.

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