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Estate Planning Considerations for Single Seniors

By Joshua Berkley
Attorney

As we age, planning for the future becomes increasingly important, especially for those without a spouse or partner. Estate planning ensures that your wishes are honored and your assets are distributed according to your desires. For single seniors in Kentucky, this process involves some unique considerations. By taking the right steps now, you can safeguard your interests and minimize potential complications for your loved ones.

This blog will explore essential estate planning considerations for single seniors, from choosing the right decision-makers to addressing your healthcare needs. Proper planning can give you peace of mind and protect your legacy.

Choosing the Right Executor and Decision-Makers

One of the most critical aspects of estate planning is selecting the right individuals to manage your affairs. This decision may be more challenging for single seniors, as there may not be a spouse to serve as a natural choice for these roles. Instead, it is essential to identify trusted family members or friends willing and capable of taking on these responsibilities.

  • Executor–The executor is responsible for managing your estate after you pass away, which includes paying debts, distributing assets, and ensuring your wishes are followed. Choose someone who is organized, reliable, and familiar with your values and preferences.
  • Power of attorney–This role involves making financial decisions on your behalf if you become incapacitated. Consider selecting someone who understands your financial situation and will act in your best interest.
  • Healthcare proxy–A healthcare proxy or medical power of attorney will make medical decisions if you cannot communicate your wishes. Choose someone you trust to make healthcare decisions aligned with your values.

By carefully selecting these decision-makers, you can ensure your affairs are handled with care and integrity.

Addressing Long-Term Care Needs

For single seniors and solo boomers, planning for long-term care is crucial. Without a spouse to support, it’s essential to have a plan to address potential healthcare needs. Long-term care can be expensive, and without proper planning, it can quickly deplete your savings. Options for addressing long-term care include:

  • Long-term care insurance–This type of insurance can help cover the costs of nursing homes, assisted living facilities, and in-home care. It’s a good option for those who can afford the premiums and want to preserve their assets.
  • Medicaid planning–Medicaid can help pay for long-term care but comes with strict income and asset limits. Planning can help you qualify for Medicaid benefits while preserving some of your assets for your beneficiaries.
  • Living arrangements–Consider where you would like to live if you require more care. Would you prefer in-home care, or would a senior living community better suit your needs? Planning for this can help you and your loved ones make informed decisions if needed.

Thinking about these options in advance can ensure you receive the care you need without compromising your financial security.

Creating a Will and Beneficiary Designations

Having a valid will is essential for single seniors. A will lets you specify who will inherit your assets and how your property will be divided. Without a will, Kentucky’s intestacy laws will determine how your assets are distributed, which may not align with your wishes.

In addition to creating a will, review your beneficiary designations on accounts such as life insurance policies, retirement accounts, and payable-on-death bank accounts. These designations take precedence over your will, so updating them is essential to reflect your current intentions. Ensure that your beneficiaries are listed correctly, especially if circumstances have changed, such as the passing of a previously designated beneficiary.

A clear will and updated beneficiary designations can prevent confusion and disputes among your heirs.

Establishing an Asset Protection Trust 

Trusts are valuable estate planning tools for solo boomers and senior singles. Trusts offer greater control over how your assets are distributed and can provide added protection from creditors or beneficiaries’ financial mismanagement. 

Common types of trusts include:

  • Revocable living trust allows you to manage the trust assets during your lifetime and specify how they should be distributed after your death. It also helps avoid probate, ensuring a quicker and more private transfer of assets.
  • Irrevocable trust offers more protection from creditors and can be used for Medicaid planning. However, you give up control over the assets once they are in the trust.

Setting up a trust requires careful planning. Trust our experienced estate planning attorney to help you determine the best option for your needs.

How a Kentucky Estate Planning Lawyer Can Help

Estate planning poses unique challenges for single seniors and solo boomers. Why go it alone? Turn to Berkley Oliver instead for the compassionate representation and guidance we provide. Well-versed in the applicable trust and estate laws and potential federal tax implications, we can help create a customized plan that best suits your needs and objectives. Whether you need assistance with a will, trust, or other estate planning tools, we are the experienced choice. Contact us today to begin protecting your future, family, and legacy.

About the Author
Josh Berkley is an attorney and owner at Berkley Oliver PLLC who helps individuals implement plans to protect their assets and their loved ones. Josh focuses his practice in the areas of Estate Planning, Probate, and Elder Law.  From assisting young parents in making a plan to provide for their children, to helping senior clients qualify for Medicaid, Josh works with clients to create estate plans and life plans tailored to each person’s specific goals. He also helps clients with a wide variety of important legal documents such Wills, Trusts, Powers of Attorney, Healthcare Surrogate Designations, and Living Wills. If you have any questions regarding this article, contact Josh here.