Why You Should Review Your Estate Plan Before the Upcoming Election: A Guide for California Residents

man and woman sitting at table reviewing paperwork.

As the 2024 election approaches, it’s not just the political landscape that could see significant changes. For California residents, there is also the potential for legislative shifts that may impact your estate planning. Reviewing your estate plan before the election can help ensure that it remains aligned with your goals and accounts for any upcoming changes that could affect your assets, taxes, or legal responsibilities. Here’s why taking a proactive approach to your estate plan now can be crucial.

1. Potential Changes in Tax Laws

Elections often bring shifts in tax policies, especially with changes in administration or control of the legislature. Federal and state tax laws could be modified in ways that may impact your estate planning strategies, such as adjustments to estate taxes, gift taxes, or income taxes. For example, California’s current estate tax exemptions could change, affecting the amount of your assets subject to taxation upon your passing.

If tax laws are adjusted after the election, it may alter the effectiveness of certain estate planning strategies you’ve set up, such as trusts or gifting. Reviewing your plan now gives you a chance to anticipate potential changes and make preemptive adjustments to minimize tax liabilities and preserve more of your wealth for your beneficiaries.

2. Legislative Changes in Estate Planning

Beyond taxes, other legislative changes could impact estate planning laws in California. This might include amendments to laws regarding probate, trusts, or powers of attorney. California’s legislature frequently updates laws affecting estate planning, and the election could accelerate some proposals under consideration.

For instance, changes in probate laws could impact how your estate is administered and the amount of time or cost required for your beneficiaries to access your assets. Laws regarding guardianship, healthcare directives, or the powers granted to your executor may also be subject to revision. Keeping your estate plan updated ensures it remains compliant with the most current laws and reflects any legal requirements.

3. Ensuring Your Plan Reflects Your Current Wishes

The time before an election is also a good opportunity to ensure your estate plan accurately reflects your current wishes. Life changes such as marriage, divorce, the birth of a child, or the acquisition of new assets may warrant updates to your will or trusts. An election can often prompt a reassessment of personal goals and financial strategies, making it the perfect time to review your plan.

Conclusion

As the upcoming election approaches, taking the time to review your estate plan can save you from potential headaches and ensure your legacy is protected. By being proactive, you can adapt your estate plan to anticipate legislative, tax, and economic changes that may follow the election. Consulting with an experienced estate planning attorney, such as Dana Cannon at Cannon Legal Firm, can provide valuable insights and help you navigate the complexities of any upcoming legal or financial changes.At Cannon Legal Firm, we are here to help California residents prepare for the future. Contact us today for a comprehensive estate plan review and to discuss how potential changes in laws and policies may affect you. Planning ahead is the best way to secure your peace of mind and protect your assets, no matter what the election brings.