NATIONAL ESTATE PLANNING AWARENESS WEEK
October 20-26, 2025, is National Estate Planning Awareness Week this year. It was founded by the National Association of Estate Planners & Councils with the goal of helping people understand the importance of having a plan in place to protect their assets and loved ones. Bringing awareness and educating the public about estate planning helps people design their legacies so they can leave legacy gifts.
I have run a successful law center for over two decades helping clients with estate planning, probate, and trust administration. My legal services give clients peace of mind as I help them put their legal affairs in order. In addition to being a licensed California attorney, I am recognized as a legal specialist in the field of estate planning by the California State Bar. For National Estate Planning Awareness Week, I chose five popular topics to discuss: (1) Planning For Incapacity; (2) The Difference Between A Will And Trust And The Cost Of Probate Court; (3) Pay-On-Death Accounts; (4) Specific Gifts; and (5) Legacy Love Letters.
Day 1 Planning For Incapacity. You must sign an Advance Healthcare Directive so you are not subject to a court conservatorship if you can no longer make or communicate your healthcare decisions. You have the right to give instructions about your healthcare and to name someone to make healthcare decisions for you, a nominee. This is the agent that you designate to make healthcare decisions for you. The directive is important because you provide instructions for health care, including end-of-life decisions. You direct your healthcare providers and others involved in your care to provide, withhold, or withdraw treatment in accordance with the choices you have indicated. This legal document lets you express your wishes regarding donation of organs and the designation of your primary physician. A Power of Attorney is needed for financial matters. This document becomes effective when a physician determines you are unable to make your own financial decisions, which sometimes is the result of a stroke or a coma. If you do not have a signed Power of Attorney your family members will have to petition the court to be appointed as your conservator. A conservator is simply a court appointed power of attorney. It is a lengthy and costly process which can be avoided by having a signed Power of Attorney in place. This document is needed so they can file your tax return or sign your name on a settlement or a legal claim.
Day 2 The Difference Between A Will And A Trust. A will is a testamentary document which means it is effective upon your death. The trust is a living document which means it is effective while you're living. However, to avoid the cost of probate court, you must transfer real estate and bank accounts into your trust to protect any assets valued at over $100,000. You will want to make sure you have an estate plan in place both to avoid a conservatorship case upon your incapacity and a probate case upon your death. Court fees and attorney fees add up very quickly. A probate case usually costs $2,500 in out-of-pocket fees which includes filing fees and court costs and appraisal fees. In addition to court costs, a statutory percentage is paid to the executor and attorney for getting the job done, which is calculated based on the value of the estate assets. For example, a residence valued at $400,000 generates a check to the Executor in the amount of $11,000 and a check to the Executor’s attorney in the amount of $11,000. The cost of probate court is why people are motivated to complete a trust so their loved ones do not incur such high costs and fees in addition to the time and delay of a court procedure.
Day 3 P.O.D. or Pay-on-Death accounts. Any asset held in your name only that you have named a beneficiary to be paid upon your death is a Pay-on-Death account which includes annuities, retirement accounts and life insurance. Upon your death, the financial institution does not care if you have a signed will or trust, they will proceed to pay the beneficiaries you named. I recommend you review your accounts from time to time to make sure you have a beneficiary listed. All Pay-on-Death accounts avoid probate but only if you have a beneficiary listed.
Day 4 Specific Gifts. A specific gift list is a list which identifies the gift item and the gift recipient. The legal requirements for creating a specific gift list are as follows: (1) the list must be in writing; (2) signed by you; and (3) dated. You can type this specific gift list, but it must also be (1) printed, (2) signed by you; and (3) dated. Digital photos of the specific gifts are now being used in lieu of lengthy descriptions. This trend of taking photos is particularly helpful for firearms, jewelry, and art. A specific gift list directs the Executor and/or Trustee to deliver the gifts if the personal property items are still part of your estate upon your death. If the item cannot be found because you sold it; lost it; or you gifted it prior to your death, then the gift shall “lapse” which means that the gift goes away.
Day 5 Legacy Love Letters. After over 20 years assisting clients with probate and trust administration, I discovered the most important part of an estate plan is a legacy love letter. A will and trust can only provide an inheritance of earthly treasures, houses, money and personal belongings to loved ones. While working with grieving family members, I learned firsthand their memories of their lost loved ones and the legacy gift of love, faith, hope, and gratitude were much more important than all the stuff left behind. A Legacy Love Letter is a heartfelt final goodbye which is found and read after the passing of a loved one. A legacy love letter is more than an ordinary love letter because it has an everlasting impact. Your loved ones will receive from you a final goodbye and a final “I love you” to cherish.
To get a free guide on choosing the ingredients for your legacy love letters go to writelegacyloveletters.com and for more information about Gwen and her upcoming book please visit www.facebook.com/legacyloveletterproject.
