By Jaclyn Quinn, Esq.
Delaware Community Reinvestment Action Council, Inc.
I’m a big fan of planning ahead—and you should be, too. That’s especially important when it comes to your wishes for after your passing. Think there’s no reason to create an estate plan? Think again. It may be hard to consider today, but the more you decide now, the less will have to be determined without you.
Pitfall #1: I’m not rich, so I won’t have an estate.
The reality is that an “estate” is just everything owned by someone when they pass away—we each have one. If you have a house, car, bank account, or other personal items or even financial assets, you have an estate. You might decide to transfer assets by beneficiary or transfer on death designee, which takes knowledge and planning to make the process smooth. But if you don’t plan, your loved ones could spend a year or more in probate dealing with your things.
Pitfall #2: My family knows my wishes, so I don’t need to plan anything.
No matter how great your family is at navigating difficulties together, the law still calls for formal documentation. If you own a home and you die without a plan, the deed for your house would automatically go to your next of kin—for instance, your children—who would then have to decide to transfer their ownership to whoever you wanted to designate. Better to plan ahead and make this transfer seamless for your loved ones—and ensure there’s no question about your wishes.
Pitfall #3: I’m healthy, so I don’t have to worry about estate planning yet.
Basic estate planning generates three documents: Last Will and Testament, Advance Health Care Directive, and Durable Power of Attorney. All of these documents must be executed when you have the capacity to plan, not in the middle of a health crisis. In too many cases, family members have to struggle to coordinate health care, bills, insurance matters, rehab facilities, and many day-to-day decisions—without knowing what their injured loved one might want or what key details might be. Without documents in place, family members of someone incapacitated often have to go through another legal hurdle with guardianship proceedings through Chancery Court to have documented decision-making authority.
Pitfall #4: I can write my wishes down and it will be valid, so I don’t need advice.
A will must be signed, dated, and notarized with two witnesses to be considered legally valid. Without a self-proving affidavit, witnesses would need to appear alongside the will to prove it is valid. A power of attorney and health care directive also have statutory language and requirements that must be followed. Regardless of your wishes, the law would provide your next of kin with a roadmap for estate distribution and personal representative appointment, without taking your preferences into consideration. Written wishes are not valid if you didn’t adhere to the law.
The moral of the story is simple: everyone needs estate planning, and the sooner the better avoids the worst complications.
If you need legal advice, Jaclyn Quinn is licensed to practice law in Delaware and she and her colleague Matt Carucci at the Delaware Community Reinvestment Action Council are available to assist. For more information, or to schedule a consultation, please call paralegal Mayela Rosales at (302) 230-2970 or email [email protected]. For more information, visit dcrac.org.
Bio
Jaclyn Quinn, Esq. joined the Delaware Community Reinvestment Action Council (DCRAC) in 2011, first as a volunteer, then as staff. In 2014 Jaclyn opened and grew her private practice until 2019, when DCRAC Law opened to the community. DCRAC Law is a nonprofit law firm providing tax, title, and other legal services to those unable to pay market rates.
Jaclyn graduated with a B.A. in Political Science from The College of New Jersey before moving to Delaware to pursue her J.D. at Widener University- Delaware Law School. She was admitted to the Delaware Bar in 2012, and is also barred in U.S. Tax Court and U.S. Immigration Court. She has volunteered with the Office of the Child Advocate, DVLS, and assists as pro bono counsel in a variety of cases.
Jaclyn Quinn, Esq. Delaware Community Reinvestment Action Council (DCRAC)
302-298-3251 [email protected] www.dcrac.org
@dcracdelcra on instagram & @DCRACDelCRA on facebook
600 South Harrison Street, Wilmington, Delaware
One East Laurel Street, Georgetown, Delaware
