In 2005, Michael Schiavo was ensconced in a battle to end the life of his severely brain–damaged wife, Terri, by removing her feeding tube. The case drew national attention because Terry had no documents stating her wishes regarding being kept aliveby artificial means. It was an ugly battle that ultimately ended inTerry’s death. Sadly, the whole incident could have been avoided if there had been a living will in place.

No one likes to think about death or disability, especially not when they are young and healthy. The truth is, however, that the best time to think about the future and start planning your estateis when you are young and healthy. All adults 18 and older can and should have a will and disability planning documents, but people often wait until they are married or have children before they begin thinking about such matters.

Estate planning is about planning for the here and now, for what might happen and for what will happen. The purpose is to be prepared and to make it easier for your family when the time comes to make important and sometimes difficult decisions, including how you want your property to pass and who you want to serve as guardian of your minor children.

These topics may not be pleasant to think about, but they simply must be addressed if you wish to have your personal and tax–planning objectives met. Getting your estate plan in order does not have to be a painful and drawn–out process. Depending upon the size of your estate, a team approach can be very beneficial with guidance not only from your estate–planning lawyer, but also from your investment advisor, accountant and life–insurance advisor. Over the years, I have seen unfortunate situations where there was little or no advance planning and where the personal goals of the deceased or disabled were derailed. Getting back on track, if that is possible, can take additional time and expense.

Do not be tempted to cut costs by doing a computer–generated will. Chances are the money saved will be spent by your family on straightening out problems that could have been avoided if you had taken the time, and yes, paid the fees, to get legal counseling. Do–it–yourself wills frequently lack the specific language needed to ensure that your estate plan really works the way you want it to. Computers can do many things, but they simply cannot identify and ask all the questions that an attorney who knows you and understands your specific situation can.

Once you have planned your estate, remember that it will need updating over the years as life circumstances change. Marriage, divorce, children, grandchildren, changes in finances and more will all need to be taken into consideration. It is also wise to have open discussions with loved ones and to disclose information about your wishes, including those wishes that may be deemed out of the ordinary. The fewer surprises the better.

Planning for the inevitable is just one of those tasks in life that we all must face. Do not waste time procrastinating. Contactan attorney who specializes in estate planning and probate law, and have your documents prepared. Then place them on a shelf and go on with the business of living.

Consider the following tips when doing your estate planning:

1. Sign a living will if you wish to avoid having your life prolonged through artificial means, and sign a burial directive if you have specific wishes regarding cremation or burial.
2. Make a list of special items, such as jewelry, furniture, artwork and items of purely sentimental value, and specify those who you want those items to be distributed to after your death. This is a good time to ask family members if there are items that are of particular sentimental value to them. Once you have made your list, make sure this it is properly referenced in your testamentary documents. Do not use “stickies” to label which items go to which person. Stickies get unstuck.
3. Plant the seed with a child’s grandparent who has the financial wherewithal that paying a grandchild’s tuition or medical expenses directly to the educational institution or medical provider is not considered a gift for gift tax purposes.
4. Understand the definition of “descendants” in your testamentary documents. With today’s medical advancements, defining descendants can be trickier than you think.
5. Name a guardian for minor children, and be sure to do so in the manner prescribed by law.
6. Keep separate property and its earnings separate with a simple pre–marital or post–marital agreement. Couples in second marriages often make this arrangement.
7. Keep your family’s property in line by setting up a trust for your spouse so that upon his or her death, the trust property remaining passes to your family members.
8. Direct that property passing to your children or grandchildren remains in trusts for their benefit so that the property will be protected from future creditors or a spouse in divorce proceedings.
9. Coordinate beneficiary designations on life–insurance polices and retirement accounts with the rest of your estate plan.
10. Sign a durable power of attorney (one for finances and one for medical decisions) to allow the person of your choice to manage your property and make healthcare decisions in the event of incapacity.