Why Estate Planning Matters

Leaving an abusive relationship can involve rebuilding many areas of life, including personal safety, finances, housing, and family stability. One area that can easily be overlooked is estate planning. An estate plan allows you to make intentional decisions about who you trust to act on your behalf, who should receive your property, who should make important financial or healthcare decisions if you are unable to make them yourself, and how you want to provide for your children.

Choosing Who You Trust

Estate planning documents can give another person significant authority over important areas of your life. If a current or former partner was previously named to make financial or healthcare decisions for you, a change in the relationship is an important time to review those choices. A Durable Power of Attorney can designate someone you trust to handle certain financial and legal matters. A Healthcare Surrogate Designation can identify who you want to make healthcare decisions for you if you are unable to make them yourself. Reviewing and updating these documents can help ensure that the people entrusted with important decisions are people you currently know and trust.

Protecting Your Children and What You Have Built

A Will allows you to state how you want your property distributed after your death, name the person you want to administer your estate, and nominate a guardian for your minor children if one is ever needed. Estate planning also provides an opportunity to consider how assets should be managed for minor children and other loved ones. These decisions can provide greater clarity about your wishes and help you plan for the people who depend on you. Estate planning is not only about what happens after you are gone. It is also about protecting your voice, your choices, and the future you are building.

Review Your Beneficiaries After a Relationship Change

Separation, divorce, or the end of a relationship can be an important time to review more than your Will. Former partners may still be named on life insurance policies, retirement accounts, payable-on-death accounts, or other beneficiary designations. Survivors should review their estate planning documents, financial accounts, insurance policies, and beneficiary designations to determine whether they still reflect their current wishes. Some changes may be affected by divorce proceedings, court orders, beneficiary rules, or other legal requirements, so legal advice may be appropriate before making changes.

Planning for Incapacity

An unexpected illness, injury, or emergency can leave someone temporarily or permanently unable to manage personal affairs. Planning in advance allows you to decide who should have authority to assist with financial matters and healthcare decisions instead of leaving those questions unanswered during a crisis. For survivors who have worked to regain independence and control over their lives, making these decisions intentionally can be an important part of protecting that independence.

Taking Control of Your Future

Every survivor’s circumstances are different, and an estate plan should reflect those individual circumstances. Reviewing an existing plan or creating one for the first time can help identify outdated documents, former decision makers, beneficiary designations, and other arrangements that may no longer reflect your wishes. Estate planning gives you the opportunity to make intentional decisions about who you trust, how you want to be cared for, how you want to protect your children, and what should happen to the assets you have worked to build.

By Jeschamma Augustin, Esq.