Tuesday, March 29, 2011

Why I Do Not Use An Estate Planning Binder / Kit

When I initially started doing Estate Plans I spent a lot of time preparing Estate Planning Binders / Kits.  I felt this was an “industry norm” that was expected.  However, as my Estate Planning practice expanded I also began to encounter many of these binders from clients seeking a review of their existing Estate Plans.  What I found was that these Estate Planning Binders became (over time) a hodgepodge of financial and legal information about the clients that often made little sense.  It was common to find incomplete sets of Estate Planning documents.  Often a Tax Return or two would be stuffed into the Binder, or maybe the paperwork from a mortgage refinance. 

Probably the most common thing I have noticed about Estate Planning Binders is that the most important document – an original copy of the Trust was missing.  That makes sense.  The Trust is the document that your bank, broker or escrow company would want to see.  Unfortunately, it was the document that often did not make it back into the Binder.

Those issues aside there are two more important reasons I do not use Estate Planning Binders.

1.  The typical Estate Planning Binder really stands out.  It is unlike any other books or documents you are likely to have around your house.  My fear is that if you have a nosy child, relative, babysitter, housekeeper, etc. their curiosity may very well get the best of them and they will ultimately be tempted to peak. 

2.  More importantly, I fear that an Estate Planning Binder is a dangerous tool for identity theft.  It will likely serve as a perfect roadmap to your financial world if it is ever lost or falls into the wrong hands.  

I deliver my Estate Planning documents in simple paper format and suggest that you tuck them into a safe place where they are not likely to be noticed.  It is important to remember that the originals are not going to be necessary and that copies or electronically stored images of your Estate Planning documents will always work.

 

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The Tonkovich Law Firm assists clients with Estate Planning, Wills, Trusts, Durable Powers of Attorney, Conservatorship and Contested Probate Procedures and Business and Real Estate Litigation in Irvine, CA as well as El Toro, Aliso Viejo, Lake Forest, Laguna Hills, Tustin, Newport Beach, Santa Ana, Newport Coast, Ladera Ranch, Foothill Ranch, Mission Viejo, Laguna Woods, Corona Del Mar, Silverado, Orange, Laguna Beach, Rancho Santa Margarita amd Fountain Valley in Orange County.



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