Estate Planning Security: Have it Before You Hit the Sand

Imagine the scene—it is vacation time. You push the umbrella into the sand, watch the ocean waves roll up onto the beach in sublime rhythm. Your kids run out into the water, maybe, toting boogie boards and laughter. It is the summer – the week ahead stretches out lazily, and all you have to do for the first time in months is just relax and enjoy family time. You sink into your beach chair, wiggle your toes in the sand luxuriously. You feel the hot sun blazing down on your skin … wait, hot?!

You jump out of the chair and race up the beach, sand flying in all direction.  You look for nearest phone (unless you are one of those that won't leave the cell behind) to call a neighbor, someone, anyone.

You realize you forgot to turn off the stove before you left your house!

As frightening as that scenario is, there are equally important red-flags that should cross our minds while away on vacation, beyond just taking care of our physical possessions. Take for example the vital estate planning questions such as what would happen if you and/or your spouse were killed on the trip? What would happen to your children if you were incapacitated thousands of miles away from home? Have you prepared your will, your guardianship plans, the steps that will need to be taken in the event of the unthinkable?

The last thing you need to worry about on vacation is what will happen if you don’t come back, and a good set of estate planning documents will keep that worry far away from your mind. This typically means setting up a will and a trust tailored to the unique needs of your family before hitting the road to paradise.

Remember, simply writing a few requests down on a piece of paper does not mean you have an estate plan in place! In a number of states, a will must meet different statutory requirements to be ruled as valid in the eyes of a court. Even if that sheet of paper accurately describes your post-mortum wishes, meticulously laid out, there is no guarantee that the Court will even consider the document.

So, before you slip into your bathing suit and hit the surf – make sure you know that your family is taken care of by planning for the worst and expecting the best!


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Darlynn Morgan is an estate planning attorney in California, specializing in wills, trusts, asset protection, guardianship, special needs planning and Orange County probate. She is recognized among the top 5% of lawyers in Southern California and frequently quoted on CA estate planning issues. Locals can receive a free Family Wealth Planning Session with Darlynn ($750 value) by calling 949-260-1400 or visiting our OC estate planning website.