Opinion: 7 common estate planning disasters and how to avoid them

Opinion: 7 common estate planning disasters and how to avoid them

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Easy Mistakes But Also Easy Solutions

1. Not Update On Your Estate Plan.

A way to avoid this is to figure out what needs updating. Check if all your beneficiaries are listed or if you’ve discovered an asset you didn’t know you had. Changing your estate plan happens if you either get married, divorced or even getting your own child. All these life situations can occur anytime and changing your estate plan is needed if so.

2. No Plan For Long Term Care For Those Who Need It.

When making an estate plan, you need to list with who really needs care under your name. People to list would either be any children you assign a guardian too and possible nursing care if wanting to be held responsible for aging members of the family. Special needs relatives would also need your help if there ever comes a time of stressful responsibility. It’s best to use your assets for good use rather than yourself.

3. Getting The Wrong Person As Your Representative.

When choosing the wrong person when it comes to asset protection and fund transfer, you’re putting your belongings at risk. The best thing to do is to use your power of attorney to have a professional who’s getting paid to keep it all private while funds reach their beneficiaries.

4. Missing Beneficiaries.

The only way to avoid missing beneficiaries is by listing every person you owe debts to but also listing family members who may need the inheritance. Go through your list with an attorney to see if it’s beneficial on both sides.

5. Forgetting About Government Funds.

About 40% of people forget to add their 401k, life insurance and retirement funds they’ve been working their whole lives. If these aren’t listed in your estate plan, then these assets can belong to the government if there’s no real ownership after the decedents death. Don’t forget to list these on your plan.

6. Not Including All Three Of The Will, The Trust and The Power Of Attorney.

When getting an estate plan, you should get the whole package. It’s cheaper than getting one service out of three. Discuss with your estate plan attorney to get all three services and why you may need them.

7. No Estate Plan.

This is everyone’s first mistake and that’s by not having an estate plan at all. Make an estate plan now before you’re unable to and debts you owe would have to be payed by members of your family.


  1. Should I Update My Estate Plan?

Your plan ought to be investigated at regular intervals however this may require changes in case you’re engaged with marriage, bear any children or sought legal separation. This is because of laws inside the state and presently who’s included.

 2. Would it be a good idea for you to keep away from probate?

There’s an arrangement when needing to keep away from a probate and it’s because of hanging a tight year for courts endorsement or in any event, having the courts endorsement as opposed to your own. Both these things can heap more charges on top of the record the more conflicts arise. It is important to utilize the probate since, supposing that you’re glancing through the document as opposed to a lawyer, you will be inclined to errors and more charges that the lawyer could of spotted. Impending missteps can likewise make the recording be longer than it ought to. So you shouldn’t stay away from any probates unless you’re making a Trust.

 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. For what reason do I really need a lawyer to compose a Will?

A lawyer is important to forestall future slip-ups that the lawyer oneself is more mindful of. Needs in your Will might be to ambiguous to support in court and that is just one of numerous instances of when that can happen. The issue here is that any errors found in the Will needs to go through a postponed probate process. Note, a probate can take as long as a year and extra charges added upon these postponements. So it’s pivotal that you get a lawyer to forestall further struggle.

5. Would I be able to create a plan all alone?

You are allowed to make your own arrangement however doing so would have you leave any significant errors and is a decent possibility that will happen on account of specific law terms you wanted to raise with an actual lawyer. So making your own arrangement might 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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