ADVERTISING: ADVERTORIAL - Estate planning without children: Yes, you still need a plan

Too many Idahoans without children assume estate planning is something they can skip. The thinking goes: "I don't have kids to provide for, so what's the point?"

It's an understandable instinct, but it's backwards. People without children often need more careful planning than parents do, not less.

Without a Plan, Idaho Decides for You

If you die without a will in Idaho, state intestacy law determines who inherits your assets. For people with no spouse and no descendants, your estate flows up and out — to parents first, then siblings, then nieces and nephews, then more distant relatives. Ever heard of someone inheriting from a great aunt they never even met? Odds are good that the great aunt died without a plan and default laws took over.

Those default rules may not match your wishes. An estranged sibling or a half-sibling you've never met could end up with everything, while the people who actually matter to you — a long-term partner you never married, close friends, or a charity you care about — receive nothing. A will or trust is how you override that default.

Powers of Attorney

For parents, the default agents under powers of attorney are often obvious: a spouse first, then adult children. Without children, this question becomes harder — and more important.

Who do you trust to make medical decisions if you can't speak for yourself? Who will pay your bills and coordinate your care if you're incapacitated? Siblings may live far away or have their own health issues. Friends may not want the responsibility, or may be your same age and facing similar challenges. These conversations need to happen before a crisis, not during one.

Healthcare Directives

A living will/healthcare directive can be important for anyone, but they matter more when you don't have children advocating at the bedside. Without clear written instructions, providers may default to whoever shows up — perhaps a distant relative who has no idea what you would have wanted. Or, someone may have to go to court

spending months of time and thousands of your dollars (or worse – their own) to get the legal authority to direct your care. Idaho's Living Will and Durable Power of Attorney for Health Care let you spell out your wishes and name someone to enforce them – all without getting the courts involved.

Don't Forget About Your Pets

For many of my childless clients, pets are family. Idaho recognizes pet trusts (Idaho Code § 15-7-408), allowing you to set aside funds for an animal's care and to name a caretaker. A few sentences in your trust can mean the difference between your beloved dog or cat going to someone you chose or ending up in a shelter.

Charitable Giving and Legacy

Without children, you may have more flexibility — and more interest — in directing your estate toward causes you care about. Charitable bequests are well worth exploring, both for the impact you can make and for potential tax benefits.

The Bottom Line

Not having children doesn't simplify estate planning — it changes it. The defaults built into Idaho law were primarily written with traditional family structures in mind, and they often produce results childless individuals would not intentionally choose. A thoughtful plan ensures your assets, your healthcare, and your legacy reflect your values, not the state's assumptions.

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

• • •

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.