ADVERTISING: ADVERTORIAL - Your estate plan isn’t a set-it-and-forget-it document

People work hard to get their estate plan in place. They gather the documents, meet with an attorney, sign everything, and finally feel like that item is crossed off the list for good.

But here's the thing — an estate plan reflects your life at a specific moment in time. And life doesn't hold still.

If your plan is sitting in a drawer exactly as it was five, ten, or twenty years ago, there's a real chance it no longer reflects what you want, who you trust, or what you own. Here's how to know when it's time for a review.

The General Rule: Every Three to Five Years

Even if nothing significant has changed in your life, estate planning attorneys generally recommend revisiting your plan every three to five years. Laws change. Tax thresholds shift. What felt like a thorough plan a decade ago may have gaps today that you're not aware of.

Idaho law has seen updates over the years affecting everything from power of attorney requirements to digital asset access. A periodic review ensures your documents still do what you intend them to do under current law.

Life Events That Should Trigger an Immediate Review

Beyond routine check-ins, certain events call for an update right away:

Marriage or divorce. These are among the most important triggers. In Idaho, a community property state, marriage changes the ownership structure of assets in significant ways. Divorce doesn't automatically remove a former spouse from your documents in all cases — meaning they could still inherit or make healthcare decisions on your behalf without an update.

The birth or adoption of a child or grandchild. If you have minor children and haven't named a guardian in your will, or haven't updated your plan to include a new child as a beneficiary, there may be unintended results.

The death of a beneficiary, executor, or trustee. If someone named in your plan has passed away, you'll need to designate a replacement. A plan that names a deceased person creates confusion and potential legal complications.

Significant changes in assets. Buying real estate, selling a business, receiving an inheritance, or accumulating substantial new wealth can all affect how your estate should be structured and distributed.

Relocation. If you've moved to Idaho from another state, your existing documents may still be valid — but they should be reviewed. Estate planning documents are still governed under the laws of the state the documents were created – even if you don’t live in that state anymore. That is something you should fix to avoid some potentially strange and unintended outcomes.

Changes in your relationships. Sometimes the person you named as executor or trustee fifteen years ago is no longer someone you'd choose. People grow apart, fall into financial trouble, or develop health issues that make them less suited for those roles.

Don't Forget Beneficiary Designations

One of the most overlooked parts of estate planning isn't in your will or trust — it's on the forms attached to your retirement accounts, life insurance policies, and transfer-on-death bank accounts. These designations pass assets directly to the named person, regardless of what your will says.

A plan that's current on paper can be completely undermined by an outdated beneficiary designation. Reviewing those forms every few years — or after any major life event — is just as important as reviewing your will or trust.

What Happens If You Don't Update

Outdated estate plans don't just fail to reflect your wishes. They can create real problems: assets going to the wrong people, loved ones lacking legal authority in a crisis, or unnecessary court involvement. The cost of updating a plan is almost always far less than the cost of untangling the mess left behind by one that no longer fits.

If it's been more than three years since you last looked at your estate plan — or if any of the life events above apply to you — now is a good time to schedule a review.

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning probating estates or creating estate planning documents.

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.