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By Jason Carrozza
Attorney

Hi Everyone,

Happy Wednesday!!! I hope those of you that celebrate had a fabulous Easter. My travels made me lucky enough to sneak away and walk around Walden Pond, it made for a glorious afternoon. It was so nice to be outside and see all the intricacies of the changing season. This change has reminded me how the ones closest to us can change just as drastically as the changing season. This occurs for a variety of reasons, but it started to make me think, what’s one of the most important elements that one can have in their estate plan? The answer, flexibility!

I repeatedly hear that one of people’s biggest concerns is that they will not be able to change their estate plan. Rest assured, so long as you have mental capacity, you typically have the option to change your mind! Documents that you can change upon execution are your Will, Revocable Living Trust, Guardians for Minors, Medical Proxy, Power of Attorney, HIPAA Release, and Living Will.

Below are some of the common reasons why people change their estate planning documents:

  • The person whom you’ve selected is no longer alive or is incapacitated.
  • You have seen the way your nominee has handled somebody else’s estate and you no longer think they are the right Trustee or Personal Representative.
  • You’ve realized that the person you selected for your Medical Proxy or Power of Attorney may not be as medically or financially savvy as you believed.
  • Your children have grown, their personalities have changed, and the people you originally selected as guardians may not necessarily be the right fit.

The list can go on and on, more reasons can be found here. My point is that you always have options. One of the reasons why I repeatedly tell people that estate planning cannot be a onetime endeavor is for some of these exact reasons. The bottom line is, people change, family’s change, and needs change. Do not feel like you are married to a plan just because you signed on the dotted line. The only thing that you can do is plan the best that you can under current circumstances and know that you have the freedom and flexibility to change your mind down the road.

If you’re starting to reconsider some of the nominations in your own estate plan, please contact us. We’re happy to take a look at where you stand today and customize a plan that makes most sense for you in the now.

Until next time,
Amy

About the Author
Jason M. Carrozza is a partner and founder of Family Legal Partners, P.C., previously owning Carrozza Law Office, P.C., which focused on estate planning, probate administration, and business formation. He was recognized as a Massachusetts Rising Star by New England Super Lawyers and Boston Magazine in 2014, 2015, and 2016, an honor given to no more than 5% of attorneys in the state. Graduating magna cum laude from New England Law and ranked 3rd in his class, Jason completed his undergraduate degree at the University of Tampa. He gained experience in civil litigation, divorce, corporate, and insurance defense law firms before opening his practice in 2004. Jason is admitted to practice before the Massachusetts Courts, is a trained family law mediator, and a member of the Massachusetts Council on Family Mediation. He has volunteered for pro bono panels with Senior Partners For Justice, South Middlesex Legal Services, and the New Center for Legal Advocacy. Dedicated to his community, he has served in various leadership roles including vice president of the Bellingham Business Association and Master of Excelsior Lodge of Massachusetts Freemasons. He teaches Estate Planning Basics at the Tri County Continuing Adult Education program and speaks at estate planning seminars throughout the year. An avid baseball fan and history enthusiast, Jason enjoys outdoor activities and spending time with his family. He lives in Massachusetts with his wife, Katrina, and their children, Zachary and Madelyn.