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    <updated>2026-08-18T08:26:03Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[4 reasons why every family needs a comprehensive estate plan]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/08/4-reasons-why-every-family-needs-a-comprehensive-estate-plan/" />
            <id>https://www.wealthestate.law/?p=47805</id>
            <updated>2026-08-18T08:26:03Z</updated>
            <published>2026-08-18T08:26:03Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many families usually assume that estate plans are only for the ultra-rich. That is simply not true. In fact, if you own a home, have some savings or are raising children, a comprehensive estate plan can protect your family too. What sets a comprehensive estate plan apart? So, what makes a comprehensive plan different from a basic one? A basic…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/08/4-reasons-why-every-family-needs-a-comprehensive-estate-plan/"><![CDATA[<span style="font-weight: 400;">Many families usually assume that estate plans are only for the ultra-rich. That is simply not true. In fact, if you own a home, have some savings or are raising children, a comprehensive estate plan can protect your family too.</span>
<h2><span style="font-weight: 400;">What sets a comprehensive estate plan apart?</span></h2>
<span style="font-weight: 400;">So, </span><a href="https://www.ebsco.com/research-starters/business-and-management/understanding-estate-planning" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400;">what makes a comprehensive plan different</span></a><span style="font-weight: 400;"> from a basic one? A basic estate plan typically includes just a simple will. Meanwhile, a comprehensive estate plan goes further. It adds a living trust, a durable power of attorney for finances and an advance healthcare directive.</span>

<span style="font-weight: 400;">For middle-class families, this broader approach protects your home and modest savings. It helps your family avoid court delays, high administrative costs and unexpected legal or medical burdens.</span><span style="font-weight: 400;">
</span>
<h2><span style="font-weight: 400;">4 ways a full estate plan protects your family</span></h2>
<span style="font-weight: 400;">Those added layers of protection make a real difference for everyday families. This is why </span><a href="https://www.ncoa.org/article/what-is-estate-planning-key-steps-to-protect-your-family-and-finances/" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400;">understanding what an estate plan covers</span></a><span style="font-weight: 400;"> can help you see why it is worth putting one in place. Here are four ways a full estate plan works to protect your family:</span>
<ul>
 	<li><b>Guardianship for your children:</b><span style="font-weight: 400;"> You can legally name who will care for your minor children, so a judge does not make that decision for you.</span></li>
 	<li><b>Avoiding court delays:</b><span style="font-weight: 400;"> Proper planning keeps your assets accessible to your family and reduces unnecessary legal costs along the way.</span></li>
 	<li><b>Financial power of attorney:</b><span style="font-weight: 400;"> A trusted person can step in to manage your finances if you become unable to do so, which helps prevent costly disputes among family members.</span></li>
 	<li><b>Advance healthcare directive:</b><span style="font-weight: 400;"> A trusted person gains the authority to make medical decisions on your behalf, protecting your family from court-ordered guardianships during an already tough time.</span><span style="font-weight: 400;">
</span></li>
</ul>
<span style="font-weight: 400;">
Together, these four protections give your family a clear path forward during some of life's hardest moments. Each one plays a role in keeping your family secure and that brings us to why starting this process sooner rather than later truly matters.</span>
<h2><span style="font-weight: 400;">A small step that protects what matters most</span></h2>
<span style="font-weight: 400;">Each of these benefits points to one clear truth: a comprehensive plan gives your family a real sense of security. You do not need to be wealthy for this kind of planning to make sense.</span>

<span style="font-weight: 400;">Fortunately, </span><a href="https://www.wealthestate.law/estate-planning/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">building a comprehensive estate plan</span></a><span style="font-weight: 400;"> does not have to feel overwhelming. Taking it one step at a time, with the right guidance, makes the process far more manageable than most people expect. Your family deserves to feel protected and putting a solid plan in place today is a practical and caring way to look out for the people you hold dear. </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[How your Bend home could trigger Oregon&#8217;s $1M estate tax]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/07/how-your-bend-home-could-trigger-oregons-1m-estate-tax/" />
            <id>https://www.wealthestate.law/?p=47799</id>
            <updated>2026-07-31T06:45:57Z</updated>
            <published>2026-07-31T06:45:57Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Your home is often the result of years of hard work, careful saving and personal sacrifice. It can also be one of your most valuable investments. Nevertheless, if the value of your Bend house grows considerably, it may become an estate planning challenge. When your taxable estate exceeds Oregon’s $1 million exemption, your estate may be subject to estate tax.…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/07/how-your-bend-home-could-trigger-oregons-1m-estate-tax/"><![CDATA[Your home is often the result of years of hard work, careful saving and personal sacrifice. It can also be one of your most valuable investments. Nevertheless, if the value of your Bend house grows considerably, it may become an estate planning challenge. When your taxable estate exceeds Oregon's $1 million exemption, your estate may be subject to estate tax.
<h2>How to limit the effects of estate tax</h2>
Oregon is one of the few states that <a href="https://www.oregon.gov/dor/programs/businesses/pages/estate.aspx" target="_blank" rel="noopener external noreferrer" data-wpel-link="external">still imposes an estate tax</a>. Oregon uses a graduated tax rate that ranges from 10% to 16% on taxable assets over the exemption amount. The following steps may help reduce the impact of the estate tax:
<ul>
 	<li><strong>Reviewing your estate plan regularly:</strong> Over time, the value of your residence might have grown, placing your estate near or beyond the $1 million exemption limit. Regularly reviewing your estate plan can help ensure it reflects changes in property values, family circumstances and Oregon law.</li>
 	<li><strong>Paying expenses directly:</strong> Direct payments may reduce the amount of your taxable estate because they may not be treated as taxable gifts. You can therefore pay the tuition and medical bills of your loved ones directly, which may lower the worth of your taxable estate.</li>
 	<li><strong>Considering trusts:</strong> Certain trusts can remove assets from your taxable estate or optimize tax exemptions. The right trust depends on your financial goals and family situation.</li>
</ul>
Unlike the federal estate tax exemption, <a href="/estate-planning/" target="_blank" rel="noopener" data-wpel-link="internal">Oregon's estate tax exemption</a> has remained at $1 million for many years. Your taxable estate includes more than just your house. It may also include assets such as bank accounts, investments, retirement savings and business interests.
<h2>How proper strategy can help your family</h2>
No one wants their loved ones to face financial struggles after they pass away. Estate planning is often done to protect family members and ensure that assets are passed on according to your wishes. You may have purchased your Bend home as a valuable asset for your family, but Oregon's estate tax can sometimes cause unexpected problems. Through a proper approach, families might be able to reduce unexpected estate tax issues and preserve more of their assets for future generations.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[Can an estate plan protect you if you become incapacitated?]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/07/can-an-estate-plan-protect-you-if-you-become-incapacitated/" />
            <id>https://www.wealthestate.law/?p=47795</id>
            <updated>2026-07-16T16:16:45Z</updated>
            <published>2026-07-16T15:42:21Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many people assume estate planning only matters after they pass. This causes many people to delay or avoid planning. However, some of the most important estate plans protect you while you during your lifetime. A proper estate plan also protects you if you become too sick or injured to make your own decisions. It gives clear authority to someone you…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/07/can-an-estate-plan-protect-you-if-you-become-incapacitated/"><![CDATA[Many people assume estate planning only matters after they pass. This causes many people to delay or avoid planning. However, some of the most important estate plans protect you while you during your lifetime. A proper estate plan also protects you if you become too sick or injured to make your own decisions. It gives clear authority to someone you trust before a crisis happens.
<h2>Who makes decisions if you can’t?</h2>
If you become incapacitated without an estate plan, your family cannot automatically manage your finances. Oregon law does allow close family members, such as a spouse or adult children, to make medical decisions for you.

Instead, the family must petition the court to appoint a conservator for financial matters and a guardian for personal decisions. The court may appoint someone you would not have chosen. Ongoing court supervision can also add costs to an already challenging situation.
<h2>How do you plan for financial incapacity?</h2>
A <a href="https://www.findlaw.com/state/oregon-law/oregon-durable-power-of-attorney-laws.html" target="_blank" rel="noopener external noreferrer" data-wpel-link="external">durable power of attorney</a> lets you choose a trusted person to handle your money. If you get too sick to manage your money, this individual can step in. They can access your bank accounts, pay your bills and manage your property.

The "durable" aspect means the authority continues even after the person becomes incapacitated. Without this form, your family must go to court to get control of your finances. This court process involves hearings and high fees that drain the estate.
<h2>How are medical decisions handled during incapacity?</h2>
An advance directive guides your healthcare if you cannot speak for yourself. This legal tool names a health representative to make medical choices on your behalf. The document also states your wishes for end-of-life care.

If your family members disagree on what to do, it can lead to court battles for guardianship. An advance directive prevents these conflicts by clearly stating who has authority and what the person wants.
<h2>Planning for every possibility</h2>
Many people delay <a href="https://www.wealthestate.law/estate-planning/" data-wpel-link="internal">estate planning</a> because they view it as preparation for death. However, incapacity planning addresses a very real and present risk that can affect anyone at any moment. Comprehensive planning means being prepared for incapacity today while also ensuring wishes are honored after passing.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[Why do many Americans postpone estate planning?]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/07/why-do-many-americans-postpone-estate-planning/" />
            <id>https://www.wealthestate.law/?p=47793</id>
            <updated>2026-07-14T13:54:17Z</updated>
            <published>2026-07-14T13:54:17Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many American adults delay or postpone estate planning. Research shows that 56% of them have zero estate planning documents. The significance of an estate plan is widely known. Public awareness campaigns, financial education and media coverage continually highlight the effects of someone dying without a will.  So, if people understand the importance of estate planning, why do they postpone it?…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/07/why-do-many-americans-postpone-estate-planning/"><![CDATA[<span style="font-weight: 400">Many American adults delay or postpone estate planning. Research shows that 56% of them have </span><a href="https://finance.yahoo.com/small-business/articles/56-americans-no-estate-plan-210818549.html?guccounter=1&amp;guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&amp;guce_referrer_sig=AQAAAKOAWmPGJrU2O9vCV9gSCZ8RScCAADzu4PE4m8fWHcTijA3TUc4m_JjiF2WJ3hCvHuE7T6VfwFnPuQINcjN6jPnqBjNj6Srw4FHua3ssvHLbWchzoBMdzldSUcGUkVzUrGZrPkxnk9UBq3gSQaxiJqEOumdRFtIpIptcQd0PnEAL" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">zero estate planning documents</span></a><span style="font-weight: 400">. The significance of an estate plan is widely known. Public awareness campaigns, financial education and media coverage continually highlight the effects of someone dying without a will. </span>

<span style="font-weight: 400">So, if people understand the importance of estate planning, </span><a href="https://www.caring.com/resources/wills-survey" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">why do they postpone it</span></a><span style="font-weight: 400">?</span>
<h2><span style="font-weight: 400">The discomfort of confronting mortality</span></h2>
<span style="font-weight: 400">Understandably, it can be challenging to address the possibility of becoming incapacitated and confronting one's own mortality. If you are experiencing this discomfort, consider viewing the process differently. </span>

<span style="font-weight: 400">Estate planning does more than prepare for incapacitation and death. It helps you distribute assets and protect your legacy as you wish. It allows you to provide medical care preferences that will be followed when you are unable to make decisions. It allows you to choose a trusted person to manage your financial affairs. It lets you name a suitable guardian to raise your child if anything happens to you, and so on.</span>
<h2><span style="font-weight: 400">Lack of enough assets</span></h2>
<span style="font-weight: 400">Some people postpone estate planning because they don’t have enough assets. Estate planning is not only for the wealthy. You can protect your existing assets with an estate plan and update it as you acquire more. </span>
<h2><span style="font-weight: 400">Perceived complexity and cost</span></h2>
<span style="font-weight: 400">It’s not uncommon for people to avoid estate planning because they are intimidated by the process. They believe it’s too complicated, requiring someone to gather many documents and deal with legal jargon. Some also believe estate planning is too expensive. Thus, they choose to avoid it.</span>

<span style="font-weight: 400">Working with professionals helps you take the right steps from the beginning, easing the process. Moreover, you can start with a few documents and update your estate plan over time. </span>

<span style="font-weight: 400">Not having an estate plan can expose you and your loved ones to various complications. </span><a href="/estate-planning/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">Get more information</span></a><span style="font-weight: 400"> on how to start the process without feeling overwhelmed. </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[2 primary benefits of having a trust as part of your estate plan]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/07/2-primary-benefits-of-having-a-trust-as-part-of-your-estate-plan/" />
            <id>https://www.wealthestate.law/?p=47791</id>
            <updated>2026-07-02T09:27:38Z</updated>
            <published>2026-07-02T09:27:38Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You have many decisions to make when you’re creating an estate plan. One of these is how you will get your assets to the intended beneficiaries. Some people include these instructions in their will, but that means that the distribution will have to go through the probate process.  Before you decide that’s how you’ll handle your assets, you should learn…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/07/2-primary-benefits-of-having-a-trust-as-part-of-your-estate-plan/"><![CDATA[<span style="font-weight: 400">You have many decisions to make when you’re creating an estate plan. One of these is how you will get your assets to the intended beneficiaries. Some people include these instructions in their will, but that means that the distribution will have to go through the probate process. </span>

<span style="font-weight: 400">Before you decide that’s how you’ll handle your assets, you should learn a bit about setting up a trust. A </span><a href="https://www.kiplinger.com/kiplinger-advisor-collective/benefits-of-setting-up-a-trust-for-your-assets" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">trust is a legal tool</span></a><span style="font-weight: 400"> that has several benefits, one of which is bypassing the probate process. </span>
<h2><span style="font-weight: 400">How does a trust bypass probate?</span></h2>
<span style="font-weight: 400">When a trust is properly created and funded, it’s managed and distributed according to the terms of the trust, so it doesn’t have to go through probate. In order to make this happen, you must be sure to appoint a trustee who will manage the trust’s contents. They will also ensure that the intended beneficiaries receive the assets they’re due. </span>
<h2><span style="font-weight: 400">Why is avoiding probate beneficial?</span></h2>
<span style="font-weight: 400">Avoiding the probate process has several benefits. One of the most important is that the beneficiaries have privacy. The probate process includes the terms being recorded, so anyone can find out how assets were distributed. Since a trust doesn’t have to go through the probate process, the terms of the distribution aren’t part of the public record. </span>

<span style="font-weight: 400">Trusts typically contain very clear instructions and terms for distribution. The distribution can usually occur faster through a trust than what’s possible if it goes through the probate process. </span>

<span style="font-weight: 400">The key to your loved ones having these benefits is that the trust has to be set up properly, and it must be funded. If you’re interested in including a trust as part of your </span><a href="/estate-planning/trusts/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">estate plan</span></a><span style="font-weight: 400">, you should work with someone who’s familiar with your wishes and can help you to determine how to proceed. </span>

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[Getting started with estate planning may be easier than you think]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/06/getting-started-with-estate-planning-may-be-easier-than-you-think/" />
            <id>https://www.wealthestate.law/?p=47789</id>
            <updated>2026-06-16T19:38:53Z</updated>
            <published>2026-06-16T19:38:53Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[People often think that estate planning is daunting, confusing and overwhelming. They imagine that they will have to gather extensive documentation and paperwork, and it can sometimes lead to procrastination. They just put the task off because it feels like too much. One thing to remember is that getting started with an estate plan can actually be fairly simple. Just…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/06/getting-started-with-estate-planning-may-be-easier-than-you-think/"><![CDATA[<span style="font-weight: 400">People often think that estate planning is daunting, confusing and overwhelming. They imagine that they will have to gather extensive documentation and paperwork, and it can sometimes lead to procrastination. They just put the task off because it feels like too much.</span>

<span style="font-weight: 400">One thing to remember is that getting started with an estate plan can actually be fairly simple. Just identify some of your major goals and start building a plan that addresses them. You can always update and revise the plan in the future.</span>
<h2><span style="font-weight: 400">Estate planning with minor children</span></h2>
<span style="font-weight: 400">For instance, maybe one of your children is a minor, so you are worried about what would happen to them if you passed away unexpectedly. A simple way to address this could be by </span><a href="https://www.findlaw.com/family/guardianship/ten-things-to-think-about-choosing-a-guardian-for-your-child.html" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">choosing a guardian</span></a><span style="font-weight: 400">. You at least put the basic framework in place for someone else to legally care for your child if you cannot, so you know that their future is secure.</span>
<h2><span style="font-weight: 400">Estate planning for medical decisions</span></h2>
<span style="font-weight: 400">Another common issue is that people will use their estate plan to address making medical decisions in the future. If you are worried about becoming incapacitated, whether through illness or injury, you could use an advance directive to list your medical decisions now. You could also use a </span><a href="https://www.webmd.com/palliative-care/cm/advance-directives-medical-power-attorney" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">medical power of attorney</span></a><span style="font-weight: 400"> to choose an agent who can do so for you, but only if you become incapacitated.</span>

<span style="font-weight: 400">This helps to show how just a few basic documents can form the basis of your estate plan. You can always take further steps in the future to address complexities like dividing real estate or family heirlooms, but getting started with an estate plan does not have to be difficult. Just make sure you know </span><a href="/estate-planning/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">what legal options</span></a><span style="font-weight: 400"> you have.</span>

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[5 estate planning mistakes that can undermine your Oregon will]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/06/5-estate-planning-mistakes-that-can-undermine-your-oregon-will/" />
            <id>https://www.wealthestate.law/?p=47787</id>
            <updated>2026-06-09T11:14:53Z</updated>
            <published>2026-06-09T11:14:53Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Creating a will is an important part of protecting your family and preserving your wishes for the future. A carefully prepared document can simplify the administration of your estate and provide clarity for your loved ones. Even so, small mistakes can create unnecessary complications. Oregon estate planning laws have specific requirements, and overlooking key details could weaken your will or…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/06/5-estate-planning-mistakes-that-can-undermine-your-oregon-will/"><![CDATA[<span style="font-weight: 400">Creating a will is an important part of protecting your family and preserving your wishes for the future. A carefully prepared document can simplify the administration of your estate and provide clarity for your loved ones.</span>

<span style="font-weight: 400">Even so, small </span><a href="https://www.findlaw.com/legalblogs/law-and-life/10-common-mistakes-when-drafting-a-will/" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">mistakes can create unnecessary complications</span></a><span style="font-weight: 400">. Oregon estate planning laws have specific requirements, and overlooking key details could weaken your will or lead to disputes after your death.</span>
<h2><span style="font-weight: 400">Failing to follow Oregon requirements</span></h2>
<span style="font-weight: 400">A will should comply with Oregon law to be effective. In most situations, this means following the state's rules for signing and witnessing the document. If these formalities are overlooked, family members may face unnecessary delays or challenges during the probate process.</span>
<h2><span style="font-weight: 400">Letting your will become outdated</span></h2>
<span style="font-weight: 400">A will should evolve as your life changes. Marriage, divorce, the birth of children, the loss of a loved one or significant financial changes can all affect your estate planning goals. Reviewing and updating your will after major life events can help ensure it continues to reflect your intentions.</span>
<h2><span style="font-weight: 400">Trying to control assets that pass outside a will</span></h2>
<span style="font-weight: 400">Some property transfers automatically through beneficiary designations or joint ownership arrangements. Life insurance proceeds, many retirement accounts and certain jointly owned assets may not pass under the terms of your will. Understanding which assets belong in your estate planning documents can reduce confusion for your beneficiaries.</span>
<h2><span style="font-weight: 400">Forgetting important property or business interests</span></h2>
<span style="font-weight: 400">If you own a family business, investment property or other significant assets, failing to address them in your will can create uncertainty for those left behind. A complete will should account for important financial interests and explain how they should be handled.</span>
<h2><span style="font-weight: 400">Waiting too long to create a plan</span></h2>
<span style="font-weight: 400">Many people believe they can postpone making a will until later in life. Unexpected events can leave a family without clear instructions, causing Oregon intestacy laws to determine how property is distributed.</span>

<span style="font-weight: 400">Preparing a will early and reviewing it regularly can help protect your wishes and your loved ones.</span>

<span style="font-weight: 400">A well-prepared will is one of the foundations of a thoughtful </span><a href="/estate-planning/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">estate planning</span></a><span style="font-weight: 400"> strategy. Whether you are creating your first will or revising an existing one, seeking legal guidance may help ensure your will reflects your goals and complies with Oregon law.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[A will is not the best way to plan for the descent of retirement accounts]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/05/a-will-is-not-the-best-way-to-plan-for-the-descent-of-retirement-accounts/" />
            <id>https://www.wealthestate.law/?p=47785</id>
            <updated>2026-05-21T17:49:28Z</updated>
            <published>2026-05-21T17:49:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[401(k)s and similar accounts allow people to save for retirement throughout their careers. The use of tax-deferred accounts can help people limit their taxable income during their highest-earning years. Many people aim to have at least a million dollars set aside for retirement. If people die before they use everything they saved for retirement, they may have specific people they…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/05/a-will-is-not-the-best-way-to-plan-for-the-descent-of-retirement-accounts/"><![CDATA[401(k)s and similar accounts allow people to save for retirement throughout their careers. The use of tax-deferred accounts can help people limit their taxable income during their highest-earning years.

Many people aim to have at least a million dollars set aside for retirement. If people die before they use everything they saved for retirement, they may have specific people they want to inherit the remaining balance in the account.

A will usually isn't the best way to ensure that the right person inherits a retirement savings account.
<h2>Account beneficiary designations make inclusion in a will unnecessary</h2>
It is standard practice for the companies that manage and invest retirement savings to allow account holders to name a specific beneficiary to receive the remainder of the account if they die before using everything they saved. Even those <a href="https://www.oregon.gov/pers/mem/pages/all-about-beneficiaries.aspx" data-wpel-link="external" rel="external noopener noreferrer">working for the state</a> can select beneficiaries to inherit the account after their passing.

That beneficiary designation allows the account to bypass probate court, which protects the funds from creditor claims and other probate complications. If people attempt to include retirement savings accounts with transfer-on-death designations in their wills, the instructions and their wills may contradict the paperwork filed with the company or professional managing the account.

In that case, the designation paperwork, not the will, determines who actually receives the contents of the account. People may have disappointed expectations based on the will, and legal disputes within the family could arise.

Adults who have saved assertively to ensure their comfort during retirement may need to double-check their beneficiary designations and estate planning paperwork to validate that all documentation includes the same instructions and there are no contradictions that could cause disputes after their passing. Working with an <a href="https://www.wealthestate.law/estate-planning/" data-wpel-link="internal">estate planning attorney</a> allows those with valuable resources to better ensure the appropriate descent of that property accordingly.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[Optimizing minor children’s protection in an estate plan]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/05/optimizing-minor-childrens-protection-in-an-estate-plan/" />
            <id>https://www.wealthestate.law/?p=47779</id>
            <updated>2026-05-06T16:25:28Z</updated>
            <published>2026-05-06T16:25:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Becoming a parent is one of the most common reasons that people create estate plans. They want to ensure their children have protection, even if something eventually happens to them. Making a concerted effort to prioritize the children’s potential future needs can provide parents with the peace of mind that comes from knowing their children have support even in the…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/05/optimizing-minor-childrens-protection-in-an-estate-plan/"><![CDATA[Becoming a parent is one of the most common reasons that people create estate plans. They want to ensure their children have protection, even if something eventually happens to them. Making a concerted effort to prioritize the children's potential future needs can provide parents with the peace of mind that comes from knowing their children have support even in the worst-case scenario.

What estate planning moves are typically necessary for parents with minor children?
<h2>Selecting the right guardian</h2>
After children lose their parents, they may end up in foster care. Other times, family members may fight over who cares for the surviving children.

Parents can eliminate the risk of foster placement and family conflict by <a href="http://www.forbes.com/sites/christinefletcher/2020/01/29/10-tips-for-choosing-a-guardian-for-your-minor-child/" data-wpel-link="external" rel="external noopener noreferrer">selecting a guardian</a> to assume their responsibilities in the event of their passing. The best estate plans have a primary guardian candidate and an alternate in case the person initially selected is unable or unwilling to assume the responsibility when the time comes.
<h2>Preserving inherited assets</h2>
Minor children are often the main beneficiaries of their parents’ estate plans. However, they may not be able to directly own and manage their inherited resources until they are legal adults.

Creating a trust can be helpful in cases where parents have life insurance policies, real estate and other assets they want their children to inherit. A trust can preserve those resources until children reach adulthood and can minimize the risk of a guardian or surviving parent diminishing what the children inherit.

The support of an experienced <a href="https://www.wealthestate.law/estate-planning/" data-wpel-link="internal">estate planning attorney</a> can help parents craft documents that adequately protect their children. Centering the children's needs during document creation can help parents protect their children, regardless of what unexpected occurrences they may eventually experience.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Wealthestate.law</name>
				            </author>
            <title type="html"><![CDATA[What is a springing power of attorney?]]></title>
            <link rel="alternate" type="text/html" href="https://www.wealthestate.law/blog/2026/04/what-is-a-springing-power-of-attorney/" />
            <id>https://www.wealthestate.law/?p=47777</id>
            <updated>2026-04-23T09:31:41Z</updated>
            <published>2026-04-23T09:31:41Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When making an estate plan, you may consider the possibility of an unexpected medical event, like a heart attack or a stroke. You cannot know what the future holds, but you know there is the potential for such an event as you grow older. Your estate plan gives you a chance to make certain decisions in advance to address your…]]></summary>
			                <content type="html" xml:base="https://www.wealthestate.law/blog/2026/04/what-is-a-springing-power-of-attorney/"><![CDATA[<span style="font-weight: 400">When making an estate plan, you may consider the possibility of an unexpected medical event, like a heart attack or a stroke. You cannot know what the future holds, but you know there is the potential for such an event as you grow older. Your estate plan gives you a chance to make certain decisions in advance to address your future medical needs.</span>

<span style="font-weight: 400">One way to do this is by using a </span><a href="https://smartasset.com/estate-planning/how-does-a-springing-power-of-attorney-work" data-wpel-link="external" rel="external noopener noreferrer"><span style="font-weight: 400">springing power of attorney.</span></a><span style="font-weight: 400"> In general, a power of attorney allows you to choose an agent who can make your medical decisions on your behalf. With a springing power of attorney, you choose an event that triggers it, such as incapacitation.</span>
<h2><span style="font-weight: 400">The advantage of a power of attorney</span></h2>
<span style="font-weight: 400">Setting things up this way means that you do not have to worry that your power of attorney is giving an agent any control over your medical decisions right now. At this time, you have not suffered a medical emergency, and you are still free to make all of your own choices. You are not giving up any of your rights or control.</span>

<span style="font-weight: 400">But the benefit is that, if something sudden and unexpected happens, plans have already been made to address your medical needs.</span>

<span style="font-weight: 400">It is true that you can use other documentation, like a living will, to spell out some of your wishes in advance. But with a medical power of attorney, your agent can consult with doctors or medical experts and make decisions based on the exact details of your situation. There is no guesswork involved. By selecting this agent directly, you ensure that the rest of your family knows who should make these important decisions.</span>
<h2><span style="font-weight: 400">Drafting your estate plan</span></h2>
<span style="font-weight: 400">A power of attorney can be a useful part of your estate plan, and there are many other documents to consider. It can help to work with an experienced attorney as you </span><a href="https://www.wealthestate.law/estate-planning/power-of-attorney-medical-power-of-attorney/" data-wpel-link="internal"><span style="font-weight: 400">draft your plan</span></a><span style="font-weight: 400"> this year.</span>]]></content>
						        </entry>
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