October brings the Halloween season, a time when themes of death and the supernatural are thrust into the limelight, often in a playful or lighthearted manner. Skulls and ghosts adorn homes, and haunted attractions beckon those daring enough to confront the macabre. While Halloween provides an opportunity to celebrate what we typically fear, it can also serve as a reminder for more serious reflections on death and dying.
Death is a topic often avoided in casual conversation, shrouded in cultural taboos and personal discomfort. The awkwardness of discussing our mortality stems from the fear of the unknown, the emotional weight attached to losing a loved one, and the personal vulnerability it exposes. Despite its inevitability, death remains a subject many people shy away from, which can lead to complications not only emotionally but also in practical matters such as estate planning.
Discussing death, when linked to estate planning, transforms from an abstract concept into a tangible action. A living trust estate plan is an essential tool that helps ensure your wishes are honored, and your loved ones aren’t left navigating a legal quagmire during an already difficult time. A living trust, specifically, allows you to set the terms for managing and distributing your assets while bypassing the often lengthy and costly probate process. Unlike a will, a living trust becomes effective immediately upon your incapacity or death, streamlining asset management and distribution.
The difficulty in talking about death often leaves families unprepared when it comes to estate matters. Many are caught off guard, scrambling to make critical decisions with little guidance. This reality underscores the importance of a living trust as an approachable way to take control of your future.
This season can act as a gentle reminder to confront the uncomfortable and integrate serious groundwork, like a living trust estate plan, into your plans. By acknowledging the inevitable with foresight and care, you can transform talk of death from an abstract fear into a proactive and practical step toward securing your and your loved ones’ futures.
It’s crucial to break the stigma around discussing and planning for death. Conversations about estate plans shouldn’t be awkward or morbid but seen as acts of empowerment and love. Understanding that planning for inevitable eventualities can bring peace of mind and reduce burdens on those left behind is a crucial part of this conversation.
As you take the first step by talking openly about these topics, you ensure that your intentions are known and respected, safeguarding your legacy and offering comfort to those you love most. So, this Halloween season, embrace the inevitable with courage and ensure your story continues to be told the way you choose.
Kent Phelps, TRAJAN ESTATE COFOUNDER AND ATTORNEY
As a second-generation estate planning attorney with over 25 years of experience, Kent Phelps appreciates the positive impact a customized estate plan can have on his clients and the generations that follow. Kent has been admitted to the State Bar of Arizona. He received his Bachelor’s degree from Arizona State University and his J.D. from the University of the Pacific. Additionally, he is a member of the Wealth Counsel and the Arizona State Bar Probate & Trust Section.
