Estate Planning is a Family Affair

The Roles and Responsibilities of Family Members in Estate Planning

Estate planning isn’t just about documents and legal processes—it’s about family. Ensuring your wishes are carried out and your assets are protected requires open conversations and the right people involved. But who should be in the room for those critical discussions, and what are their responsibilities?

Why This Matters

Many people assume estate planning is something they can set up privately and that their family will simply follow the plan when the time comes. However, without clear communication and proper legal authority, confusion, disputes, and even legal battles can arise. Understanding the roles and responsibilities of family members can help avoid these issues.

Family Dynamics & Estate Planning: What to Know

Parents Must Be Involved in Their Own Planning

Adult children may have the best intentions, but they cannot make estate planning decisions on behalf of their parents without legal authority. A parent must be of sound mind to sign legal documents, and decisions such as creating a will, setting up a trust, or appointing a power of attorney must come directly from them.

Who Needs to Be in the Room?

• The Individual(s) Creating the Estate Plan – The person or couple whose assets and wishes are being planned must be present and actively involved.
• Spouses/Partners – If applicable, both spouses should be part of the discussion, as estate plans often involve joint decisions.
• Trusted Family Members or Friends – Those who may serve as executors, trustees, or power of attorney agents should be informed of their responsibilities.
• Your Estate Planning Attorney – A legal professional ensures the plan is legally sound and aligns with state laws.

The Importance of a Power of Attorney (POA)

If a parent or loved one is unable to make decisions due to illness or incapacity, a Power of Attorney document allows a designated individual to step in. Without it, families may have to go through a costly and time-consuming court process to gain authority over financial and medical decisions.

How to Start the Conversation

Frame it as a Protective Measure – Estate planning is about ensuring security and peace of mind for the entire family. Focus on Their Wishes – Parents should know that estate planning puts them in control, not the courts. Schedule a Consultation Together – Bringing the right people to the first meeting can help clarify roles and responsibilities early on.

How Rutkowski Law Firm Can Help

Estate planning is about protecting your legacy and making sure your loved ones are taken care of. At Rutkowski Law Firm, we guide families through the process, ensuring everyone understands their role and responsibilities.

Ready to get started? Schedule a consultation today and bring the right people to the table.