If you’ve ever dismissed the idea of estate planning because you felt too young or believed your financial resources were too limited to warrant the effort, attorney Kerri Koen urges you to reconsider that assumption. As she explains, taking a proactive approach to organizing your personal, financial, and legal affairs is not merely advisable but absolutely essential. These critical documents—ranging from wills to powers of attorney—must be established long before they are urgently needed, because no one else possesses the legal authority or personal insight to make such decisions on your behalf.
Although contemplating one’s mortality or the possibility of incapacity is inherently uncomfortable, Koen emphasizes that facing these realities directly enables you to ensure your decisions reflect your deepest moral principles and personal values. Moreover, doing so spares your loved ones the emotional and financial burden of navigating an extended and often expensive court process after your passing. As a partner at Modern Legacy Law Group, Koen dedicates her work to assisting clients—most frequently in their thirties, forties, and fifties—in structuring estate plans designed to secure stability and reassurance in times of tragedy or transition. The steps she outlines apply equally to anyone hoping to protect themselves, their assets, and their families.
### Even So-Called Simple Estates Are Rarely Simple
Koen frequently encounters individuals who believe that estate planning is only relevant to the wealthy. In reality, she argues, those of more modest means stand to gain even greater benefits from proper planning because their resources are often needed most efficiently. Many clients come to her describing what they call a “simple estate”—perhaps a home, a retirement account, and a small amount of savings. However, as Koen cautions, the laws governing property distribution, taxation, and probate rarely align with such simplicity. A seemingly minor oversight can evolve into significant legal complexity. By preparing in advance, you can mitigate unnecessary tax exposure and avoid protracted court proceedings that might otherwise deplete the estate you worked hard to build.
### Estate Planning Is About More Than Just Writing a Will
A last will and testament indeed serves as the central pillar—or as Koen describes it, the driving document—of most estate plans. Whether it spans only a few pages or extends into dozens, its function is the same: it defines how your assets will be allocated after your death and clarifies guardianship for children, dependents, or even cherished pets. Yet, a complete estate plan extends well beyond this single document. Additional legal instruments are essential, such as a durable power of attorney, which designates a trusted individual to handle legal or financial matters should you become incapacitated, and advance health care directives, which clearly outline your medical treatment preferences. These directives determine who may access your health records and whether you would wish to receive life-prolonging measures. Because standards and terminology vary from state to state, working with a knowledgeable attorney ensures your documents satisfy the legal framework applicable to your jurisdiction.
### Trusts Aren’t Just for Millionaires
The idea of establishing a trust can sound intimidating, yet Koen insists that these legal arrangements can be profoundly useful for individuals across the financial spectrum. A trust functions by transferring ownership of assets to a trustee—an individual or institution—responsible for managing them for the benefit of chosen beneficiaries. This structure can help families avoid probate entirely, protect certain assets from creditors or Medicaid recovery, and simplify the process of distributing support to loved ones after death. Trusts become especially crucial when children are involved. For example, if a guardian such as a sibling takes custodial responsibility for your children after your death, assets left to her directly could be vulnerable to her personal liabilities, including lawsuits or debt. By contrast, a trust allows her access to funds for the children’s needs without granting her full ownership, thereby shielding those assets from external claims while ensuring your children remain provided for.
### Plan for Disability, Not Only Death
Comprehensive estate planning must account for the possibility of disability just as seriously as it does for death. Koen emphasizes this often-overlooked aspect: if you were to experience a disabling condition that prevents you from managing your own affairs, establishing a power of attorney ensures that a trustworthy agent can act in your stead. Moreover, your plan should consider not only your potential incapacity but also that of your beneficiaries. Leaving an inheritance outright to a disabled heir might unintentionally disqualify them from essential government programs such as Medicaid. Instead, a carefully structured trust allows funds to supplement their care without endangering those vital public benefits.
### Be Precise and Explicit in Your Intentions
Good intentions can become meaningless if they are not expressed with clarity. Koen often hears clients say things like, “I’d want my spouse to look after my sister if I died,” but such vague statements invite confusion. She advises quantifying and defining every commitment. Ask yourself what it means to “take care of” someone—does it imply a monetary gift, a continuing stipend, or perhaps paying for housing or healthcare? Collaborate with your attorney to translate those sentiments into specific figures and legal directives, ensuring your estate possesses the assets to fulfill them. Likewise, identify alternate designees for crucial roles such as executor, guardian, or power of attorney. Designating backups prevents future uncertainty if your first choice becomes unavailable.
### Confront Family Dynamics Honestly
Optimism alone cannot resolve family conflicts. Koen recounts representing a family whose two adult children were appointed co-trustees, despite a relationship so fractured that they no longer spoke to one another. The parents had hoped their responsibilities might reconcile them, but instead, the arrangement only deepened divisions. Realistically acknowledging existing tensions allows you to design an estate plan that functions within, rather than against, your family’s current dynamics. Strategies such as designating separate roles or distinct gifts can reduce potential disputes and preserve harmony after your passing.
### Don’t Overlook Your Digital Life
One of the most frequently neglected areas in estate planning involves digital assets—the countless online accounts, financial platforms, and personal archives that now define modern life. These may include cryptocurrency wallets, cloud-stored photography, social media profiles, or even your smartphone itself. Koen notes that while regulation in this area continues to evolve, major technology companies such as Apple, Google, and Meta now offer “legacy contact” features that permit designated individuals limited posthumous access. Beyond formal arrangements, you should also consider personal preferences, such as whether you want your online presence memorialized or deleted upon your death or incapacity, especially if those accounts generate income or represent your professional persona.
### The Relief of Completing the Process
Despite widespread hesitation, nearly all of Koen’s clients report a profound sense of relief once their estate planning is finalized. The process, initially perceived as daunting or even frightening, often culminates in genuine peace of mind. While it is wise to revisit your plan every three to five years or after significant life events like marriage, divorce, or the birth of a child, the most difficult step is simply getting started. As Koen puts it, many clients expect the experience to be stressful, yet they leave her office feeling reassured, knowing they have safeguarded their families and their legacy with clarity and compassion.
Sourse: https://www.businessinsider.com/8-estate-planning-tips-will-advice-from-estate-planner-attorney-2025-12
