7 Big Estate Planning Mistakes: Leaving Assets Outright To Adult Children

7 Big Estate Planning Mistakes: Leaving Assets Outright To Adult Children

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The Issue With Inheritance

An issue that’s popular in America is the fight for family inheritance. So popular there’s even been an Oscar nominated film based on it, Knives Out. When something like this comes forward, the best thing to do is to already set up your own estate plan right away instead of coming up with an improv lie. You can start by making a trust. A trust is something more private than a Will and you can hire a representative or attorney to manage it for you rather than someone who would take full advantage. A trust is like having a safe but you would be able to control all your finances and government funds. Not starting your estate plan is your first mistake.

Avoid These Easy To Make Mistakes

1. No Trust Included

Without a trust, you will have a harder time designating everything you own and no one can help manage payments towards your beneficiaries. Beneficiaries are people your sending the money too including debts you still owe. Creditors still expect money back. Making something to manage all your assets is the best thing to do.

2. Not Writing Your Will

In a situation like this, it’s important to have a Will lined up. All before questions are asked where you don’t have answers too. Though one thing to add is that you need a lawyer to go through the Will to make sure it’s legitimate which comes with an estate plan. All you need to do is at least come with a draft.

3.  Not Using Government Funds

Make sure your retirement accounts, 401K and life insurance policies are changed throughout the years so it’s crucial that your caught up with the new editions of these policies following your entire estate plan.

4. Your Attorney isn’t Recognizable

This means when you provide a transfer to a certain organization you owe money too, but they need to have you and your power of attorney on file in order to make the transaction. Without this, you’re unable too. This can be done ahead of time in case debts that still needs to get paid doesn’t go through a fault situation.

5. Forgetting About Power of Attorney

A power of attorney is the lawyer you hire to help with the estate plan in the first place but with further assistance. Not only can your attorney represent you as someone to help distribute your assets but this kind of lawyer can give you a health care proxy.

6. Plan Your Healthcare

This kind of healthcare is provided by your power of attorney and one thing you should start to list any kind of care you may need according to health concerns.

7. Making Your Children Responsible for Your Assets

Unless their a lawyer or have any estate planning experience, marking your own children as representatives to your estate is a bad idea. Everything would be organized through there behalf and could switch to another plan then what was originally planned.


  1. How Often Should I Update My Estate Plan?

Your estate plan should be looked over every 5 years or so but may need adjustments if you’re involved in marriage, bear any children or filed for divorce. This is due to legal laws within the state and now who’s involved.

2. Should you avoid probate?

There’s an understanding when wanting to avoid a probate and it’s due to waiting a year for courts approval or even having the courts approval rather than your own. Both these things can pile more fees on top of the file the more complicated things get through many disagreements. It is necessary to use the probate because if you’re looking through the file rather than an attorney, you will be prone to mistakes and more fees that the attorney could of spotted. Upcoming mistakes can also cause the filing to be longer than it should. So you shouldn’t avoid any probates.

 3. What is a Testamentary trust? 

A testamentary trust is a a trust that is formed after a persons passing and is instructed or assigned according to the last Will. It is also considered a third-party if it is someone assigned as a trustee rather a family member. Then that person would have the right to move the assets around.

4. Why do I need an attorney to write a Will?

An attorney is necessary to prevent future mistakes that the attorney him or herself is more aware of. Needs in your Will may be to vague to approve in court and that’s only one of many examples of when that can occur. The issue here is that any mistakes found in the Will has to go through a delayed probate process. Note, a probate can take up to a year and additional fees added upon these delays. So it’s crucial that you get an estate attorney to prevent further conflict.

5. Can I Create an Plan on My Own?

You are free to create your own plan but doing so would have you leave any important details and is a good chance that will happen because of certain law terms you need to bring up. So creating your own plan may be an invalid one.

6. Should my spouse and I file a joint tax return?

When filing a joint tax return you have an easier time with filing taxes and you have a deduction of fees included. With separate accounts you and your spouse would have to do your own paperwork. With a joint tax return things would be much easier and you can save money.

7. How long does probate take in New York?

If you have an uncomplicated Will with every statement clear and destination of all assets addressed then the process can take between 3 to 6 months. Though so,e cases can be complicated when it comes to disagreements in the Will or any updates that needs to be changed. This process can take up to years depending on how long the modification and needs take.

8. What happens when someone dies without a will in New York?

Without a Will, your family would have to discuss with who gets what assets and with other beneficiaries involved can make this case more expensive. A will is very important to make things organized and give less strain to everyone within the family.

9. Can I work part time and collect unemployment in New York?

Yes you can! You would have to work 30 hours or fewer and make at least less than $504.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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