As We Celebrate Independence, Remember: A Strong Estate Plan Builds a Legacy That Lasts

Guidance from a Birmingham, Alabama estate planning law firm.

Each year on the Fourth of July, Americans gather to celebrate our nation’s independence with backyard barbecues, parades, and brilliant fireworks displays. For a few glorious moments, the night sky erupts in color—loud, fleeting, and unforgettable. But as the smoke clears, we are left with more than just memories. This patriotic holiday is a powerful reminder of what truly lasts: the values we pass down, the families we protect, and the legacies we leave behind.

Why Legacy Matters

Today, "legacy" means more than just money. It is about the sum of your life’s efforts—your values, family traditions, charitable impact, and the stories people tell about you when you are gone.

Yet too often, people delay or ignore estate planning, assuming it is only for the wealthy or the elderly. The truth is, estate planning is for everyone. Whether you are 35 or 85, have millions in assets or a modest home and savings, your legacy deserves protection.

Without an Estate Plan:

• Your loved ones may face costly and time-consuming court proceedings.

• They might not be able to access your funds in time to cover essential bills and expenses.

• The court could appoint a guardian for your child—someone you would not have chosen.

• State laws could determine how your assets are distributed, which could result in beneficiaries receiving them earlier—or differently—than you intended.

• Your family may need to petition the court for authority to make medical and financial decisions on your behalf. If a guardian (for medical decisions) or conservator (for financial matters) is required, the court may appoint someone you would not have selected.

A legacy is something you build over a lifetime—but it only lasts if you plan for it.

Real Life, Real Consequences: The Importance of Planning Ahead

Consider the people who matter most in your life—and how your unexpected incapacity or passing could impact them.

Here are a few examples of what can happen without a proper plan in place:

• A parent passes away suddenly, without a will. The children, unsure of their parent's wishes, argue over sentimental heirlooms.

• A small business owner becomes incapacitated. Without a succession plan or durable power of attorney in place, operations grind to a halt, and employees lose their jobs.

• A blended family faces conflict after a stepparent inherits everything, leaving biological children with nothing.

  
  

These are not hypotheticals. These are everyday realities that can turn an already difficult situation into something even more painful, often causing conflict and division within families.

That is why your estate plan is not just a set of documents—it is a reflection of your values, your priorities, and your commitment to those you love.

What Makes Up a Strong Estate Plan?

Creating a lasting legacy means taking a holistic approach to your estate. Here is what a well-rounded estate plan should include:

1. A Will (Last Will and Testament)

Your will is your opportunity to make your wishes known. It:

• Designates who will receive your assets.

• Names guardians for your minor children.

• Appoints an executor to carry out your instructions.

  
  

Without a will, your estate will go through probate under your state’s laws—which may not align with your intentions.

2. A Trust (If Appropriate)

Trusts can help avoid probate, minimize estate taxes, and provide ongoing support for beneficiaries. They are especially useful for:

• Families with minor children who want to specify when and how their children will receive their inheritance.

• Individuals with special needs dependents.

• High-net-worth individuals.

• Business owners.

• Individuals who own property in multiple states.

  
  

Revocable living trusts, irrevocable trusts, special needs trusts—there are many options, and an estate planning attorney can help determine what is right for you.

3. Durable Power of Attorney

This document allows someone you trust to manage your financial affairs if you are unable to do so. Without it, your family might have to seek court approval to handle even simple matters like paying bills.

4. Advance Directive for Health Care

This document allows you to express your preferences for end-of-life care and designate an agent and successor agent to make medical decisions on your behalf if you become incapacitated.

5. Beneficiary Designations

Many assets—like life insurance, retirement accounts, and bank accounts—pass outside of your will if you have valid beneficiary and payable-on-death designations on file. Make sure all of your beneficiary designations are up to date, and aligned with your broader estate plan.  It is important to have a beneficiary or payable-on-death designation for each of your accounts.

Your Legacy Is a Gift

A legacy letter can be a heartfelt way to preserve your personal history and express your values, wishes, and life lessons to those you care about most. It is not a legal document, but it can include:

• Personal messages to your children or grandchildren.

• Your values and beliefs.

• Life lessons and wisdom.

  
  

Click here to download a PDF-fillable Legacy Letter Workbook created by our law firm.

Build a Legacy That Reflects Your Values

Estate planning is not just a technical process—it is deeply personal. It is your chance to shape the story others will tell about you. Consider incorporating your values into your plan:

• Family: Establish education funds for grandchildren.

• Charity: Leave a portion of your estate to a cause that matters to you—through a donor-advised fund, charitable remainder trust, or simple bequest.

• Heritage: Pass down traditions, heirlooms, or family stories in a way that keeps your culture and identity alive.

  
  

Your legacy does not have to be grand—it just has to be intentional.

Overcome Common Estate Planning Hurdles

If estate planning is important, why do so many people put it off? Here are the top reasons—and how to move past them.

“I Am Too Young for That”

Tragedy does not check your age. Young adults should have basic documents like an advance directive for health care and durable power of attorney. Parents should have a will to name guardians and should consider creating a trust to set specific ages and stages for their children to receive their inheritance. The earlier you start, the more control you have.

“I Do Not Have Enough Assets”

Estate planning is not just about money. It is about protecting your wishes and the people you love. Even if you rent your home and have modest savings, you still have loved ones who could be affected by a lack of planning.

“It Is Too Complicated”

It can feel overwhelming—but that is why estate planning attorneys exist. An attorney will guide you step-by-step and help you make informed, confident decisions.

“It Is Expensive”

The cost of not having an estate plan can be far higher—financially and emotionally. Probate fees, taxes, legal disputes, and family stress can add up quickly. Think of estate planning as a way to protect and support your loved ones.

Independence Is a Gift—Protect It

With proper planning, you can:

• Choose who makes medical and financial decisions for you.

• Direct where your assets go and when they are received by your loved ones.

• Ensure your children are raised by people you trust.

• Avoid leaving your family in a legal or emotional mess.

  
  

That is true freedom.

Start the Estate Planning Process

This Fourth of July, after the fireworks have faded, take a moment to think about your legacy.

• Have you documented your wishes?

• Are your beneficiary designations up to date?

• Do your loved ones know what matters most to you?

• Have you reviewed your estate plan in the last few years?

  
  

If not, now is the perfect time to start. You do not need to have all the answers—you just need to begin the process. Click here to download our Estate Planning Checklist and see what steps you should take.

Your Next Step

As you move forward with your estate planning, we invite you to contact our team at Provident Law / Estate Planning LLC. We are committed to making estate planning easy and will guide you through the process, ensuring your plan is tailored to your unique needs and goals. Whether you are creating a will, establishing a trust, planning for incapacity, or reviewing existing documents, we are here to provide the personalized guidance you need. Reach out today to schedule a consultation and take the next step to give your family peace of mind.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families make estate planning easy.