As we prepare to welcome the new year, it is an ideal opportunity to reflect on your estate planning practice. Take a moment to evaluate the successes and challenges of the past year and identify any goals you did not meet. Now is the time to set new goals for your practice and yourself. The close of the year often sparks anticipation for the possibilities ahead, including the chance to engage with new clients. Many individuals set a New Year’s resolution to initiate or revise their estate plans, and they are looking forward to connecting with an estate planning attorney. 

In the course of a trust administration, beneficiaries primarily want to know what will be distributed to them and when it will be distributed. Attorneys who represent trustees, however, must prevent trust distributions until the proper time—that is, until all liabilities have been paid or reasonably accounted for with a reserve. Otherwise, a trustee may face personal liability and need to seek indemnity from beneficiaries who may have already spent the funds distributed to them. In a postdeath administration, there may be trust and nontrust liabilities (or the decedent’s liabilities), including the decedent’s debts and various taxes. In addition, a trustee must pay the expenses of the administration or reserve funds for payment of those expenses. 

The number of blended families is increasing, as more than 1,300 form every day. In these types of families, one or both spouses have children from previous relationships and they may have children together. Working with blended families will be a common scenario for you as an estate planning attorney (if it is not already), and each family’s plan will be different. The goals of individual family members may be at odds, as not all blended will look like an episode of The Brady Bunch or Modern Family.