As the holiday season draws near, many of us look forward to gathering with family, sharing meals, and creating new memories. The holidays also present a meaningful opportunity to check in on those we love, especially our aging parents and to have the important conversations that too often get postponed until it’s too late.
A Season for Connection and Awareness
The holiday season is one of the few times of year when families come together in person. This makes it an ideal time not only to enjoy each other’s company, but also to pay attention to how elderly parents or other relatives are doing. Subtle signs of cognitive decline, increased confusion, forgetfulness, or changes in behavior can become more apparent when you’re physically present. If you notice these changes, it may be a signal that planning needs to move from a “someday” discussion to a priority.
These observations aren’t meant to alarm anyone; they’re meant to encourage action. Planning early allows families to put proper legal and care structures in place before a crisis hits, ensuring your loved one’s wishes are honored and their well-being is protected. We receive calls every week from families that have waited until a loved one has lost capacity when it’s too late to for us to help them.
Why These Conversations Matter Now
It’s natural to want to avoid tough topics during the holidays but having open and thoughtful conversations now can prevent far greater stress later. Life is unpredictable, and without proper planning, families can face unnecessary emotional strain, financial consequences, or even court involvement.
Discussing estate planning isn’t just about assets, it’s about clarity, protection, and peace of mind. When your family understands your wishes (and you understand theirs), decisions become much easier during an already difficult time. In fact, in his 2024 annual letter to Berkshire Hathaway shareholders, Warren Buffet encouraged parents to have their adult children read and understand their estate plan to avoid future confusion, hurt feelings or family disputes.
A Real-Life Example
Talking to aging parents about their estate plan to make sure it has been updated to reflect current estate laws and family situations is crucial. One case that stands out involved a client whose mother had a trust drafted more than 20 years earlier. Over time, her estate grew substantially, from modest beginnings to more than $3 million. But the trust was never updated.
When she passed away, the trust directed her assets to be split 50/50 between her two adult children. Tragically, one of her children, my client’s brother, had passed away several years before her. Because the trust had not been revised, his share passed outright to his two teenage children.
Each grandchild suddenly received over $750,000 at the age of 18, with no guidance or restrictions. One grandchild quickly spent her inheritance and left school, a use of the funds that likely didn’t reflect the grandmother’s true intentions. Had the trust been updated when her son died, she could have set up continuing trusts to ensure a more thoughtful, long-term distribution.
Stories like this underscore why periodic review and open family communication are essential.
What Families Should Be Talking About
Wishes and Expectations: Clarify preferences regarding health care, finances, caregiving responsibilities, and end-of-life decisions.
Planning for the Unexpected: Sudden illness or emergencies can leave families scrambling. A documented legal plan keeps decisions clear and aligned with your wishes.
Care for Children and Dependents: If minor children are involved, guardianship discussions are essential.
Financial Protections: Conversations around property, investments, and insurance provide peace of mind and protection for your family’s future.
Proper Legal Documents: A complete estate plan includes a trust, will, financial power of attorney, advance health care directive, HIPAA Authorization and sometimes other key legal documents to ensure your wishes are followed and costly and stressful court involvement is avoided.
Make This Holiday Season Count
While you enjoy the warmth and joy of the holidays, take a moment to ensure your family is prepared for the future. Pay attention to the well-being of elderly loved ones, talk openly about planning, and encourage those who may be putting it off to take the next step.
If you, a friend, or a family member need assistance establishing or updating an estate plan, our team is here to help. Contact our Intake Department at 760-448-2220 or visit https://www.geigerlawoffice.com/contact.cfm. We have offices in Carlsbad and Laguna Niguel, but we also proudly assist families throughout California.
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