Estate Planning for Modern Families: Wills, Trusts, Prenups & More

Estate planning isn't just about deciding who gets your stuff when you die. For modern families, it can involve blended families, prenups and postnups, minor children, incapacity planning, beneficiary designations, and decisions that can have very different consequences depending on where you live. Hear from estate attorney Brooke Hardie for a practical conversation about the estate-planning decisions families often overlook—and the mistakes that can become costly later.

Brooke explains the differences between wills and revocable living trusts, including how probate can work differently in states such as Texas, California, and New York. She also explains how prenups and postnups can clarify separate and community property and why your beneficiary designations need to work with the rest of your estate plan. The conversation goes beyond wills and trusts to cover trusts for children, executor and trustee responsibilities, guardianship, incapacity documents, special-needs planning, and the important documents young adults should have when they turn 18. Brooke also shares her passion for legal literacy and her mission to make estate-planning concepts easier for families to understand.

MEET OUR GUEST: BROOKE HARDIE, ESQ

When Brooke started her law firm years ago from a tiny office with a card table, a chair, a phone and used copy of the Texas Probate Code, she’d never have guessed that the firm would ultimately grow to its current size and caliber. But the longer her short commute became, Brooke came to realize that as the Austin area continued to grow, it was imperative that she cultivate a team that is unique, gifted and hard-working in order that the firm could serve more people in the community.

Enter Riley Alcozer and all of the other wonderful Hardie Alcozer team members. Having some of Austin’s finest talent show up at the office every day has allowed Brooke to become more available to mentor the firm’s younger attorneys and consult on the trickier client matters while maintaining her own client base. And she's now teaching legal basics to the rest of us through her podcast, Life is Legal.

Brooke makes the law accessible to the non-lawyer. ⚖️ Follow @brookehardielawyer on IG for her entertaining adulting basics videos.

Brooke Hardie's Practice Areas: Estate Planning, Probate & Estate Administration Education: J.D., University of Houston Law Center and B.A., University of Texas at Austin Bar Admissions: Texas

TIME STAMPS:

00:00 Welcome & The Estate Planning Checkup

01:09 Meet Brooke Hardie, Esq.

03:06 Brooke's Lawyer Origin Story

07:43 Estate Planning for Modern Families

09:40 Prenups, Postnups & Property Rules

12:49 Wills vs. Revocable Trusts

19:32 When Should You Update Your Estate Plan?

22:23 Common Estate Planning Myths

25:39 Trusts for Protecting Kids & Their Inheritance

32:17 Executor vs. Trustee

33:35 Estate Planning Essentials Beyond the Will

37:16 Why Minor Children Shouldn't Be Named Directly

38:17 An Intestacy Cautionary Tale

41:28 A Special-Needs Trust Pitfall

43:36 Making Time to Plan

47:38 Online Documents vs. an Estate Attorney

50:08 When Do You Need an Attorney?

52:23 One Bite at Probate

55:01 Making Guardianship Decisions

56:13 Essential Documents for 18-Year-Olds

59:17 The Sandwich Generation

01:02:27 Why Estate Planning Can Feel Good

01:03:19 Fair vs. Equal Inheritance

01:04:49 Brooke's Legal Literacy Mission

01:07:51 The Meaning of "Patient Physician"

01:12:10 Closing Thoughts & Thanks

This episode is for educational purposes only and is not legal advice. Estate-planning laws vary by state and individual circumstances. Consult a qualified attorney regarding your specific situation.

Please email questions or show ideas to info@physiciansrs.com.

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