Commentary
By Dave Gordon
Beyond the Documents: Making Sure Your Estate Plan Works in Real Life
Estate planning is often treated as a paperwork project: get the documents signed, file them away, and check the box. But the real test comes later, when those documents have to be administered during a difficult moment. These moments usually occur alongside some of the most emotionally charged times one will have to walk through.
Over the past several years, we’ve helped clients work through the implementation of their legal documents, and we’ve seen the value of reviewing plans through multiple lenses before they are put into place. The drafting attorney’s job is to translate a client’s wishes into legal language. A trust officer sees how that language works when a family has to administer the plan—when definitions, discretion, timing, and instructions become real decisions. A wealth advisor can connect the legal structure with assets, beneficiary designations, tax exposure, and broader goals. Together, they raise questions: Is the plan clear? Can the people named carry out their roles? Are the assets aligned with the documents? Will the family know what to do next?
To quote Iran Harvell, a former trust officer and now Executive Director of Estate and Financial Planning with our partner firm, Hightower, trust officers often hear, “That’s not what Mom and Dad intended.” Carefully drafted documents can still lead to confusion if the language, structure, or implementation no longer matches the family’s wishes. A review should look at how the plan is likely to work in real life, not just whether the paperwork is signed and stored somewhere safe. While ideally the documents are easier to find than the garage door opener, having signed and updated estate planning documents should not be the only litmus test. Asking other perspectives, those professionals that help administer and implement your desired plan should be part of this review. And then finally, lean on these folks to help communicate the plan to your loved ones. TEN Capital has been putting a lot of effort into this piece as these legacy plans for so many of our clients are now coming to finalization.
So where does one begin? In our opinion, the best place to start is with the desired outcome. What do you want to happen? Why is the current structure designed this way? In a recent client meeting, open-ended questions revealed that several trusts weren’t needed to accomplish the family’s goals. Simplifying the plan reduced cost and administrative work. Sometimes, the most sophisticated strategy is realizing you don’t need the strategy. A trust should earn its place in the plan by solving a real problem.
A few practical takeaways:
Estate planning is a living process. The goal is to give your family clear direction when it matters most, and a plan that reflects what you want your wealth to do. A well-organized binder is nice; a family that understands the plan is even better.
And finally, lean on us. It’s our honor to help play a role in communicating your wishes and desired outcomes to those that mean the most to you.
To your health and living wealthy,
Dave and the team at TEN Capital.
Ten Capital Wealth Advisors is a group comprised of investment professionals registered with Hightower Advisors, LLC, an SEC registered investment adviser. Some investment professionals may also be registered with Hightower Securities, LLC (member FINRA and SIPC). Advisory services are offered through Hightower Advisors, LLC. Securities are offered through Hightower Securities, LLC.
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