5 Unfortunate Estate Planning Myths You Probably Believe

Share This Post:

5 Unfortunate Estate Planning Myths You Probably Believe

Myths Of Estate Planning

1: An estate plan needs to be founded exclusively on charge moderation.

While significant, charges ought to never be the essential focal point of a thoroughly examined bequest plan. At the point when the conversation gets fixated on resources rather than charges, we wind up having a considerably more useful discussion. Presently, rather than an assessment you really want a business-congruity plan that will most likely charge contemplations as a component of it.

2: Leave everything to my kids.

I have regularly thought that it is useful to have an early conversation about how bequest arranging can be quite an exercise. The appropriate response may spike some considerations and thoughts that could, for example, lead to the production of an establishment that the kids may play a job in this sort of field for any requirements from your plan or what’s to be expected. The point is to remove the programmed thinking from the arranging plan briefly and think about your choices.

3: My children should have an even split.

The matter of a fact to pass on a privately-owned company to one kid who shows interest and inclination rather than to split it up into purported evenhanded offers has demonstrated to be the most astute decision for some as it places a resource under the control of somebody who is undeniably bound to ensure or add esteem over the long run rather than expectations. Life aspirations might lie somewhere else.

4: Set up a trust that deals with everything.

I would say, that a compelling procedure yet one that is undeniably quite perplexing. By and large, a sizable system includes setting up a trust either revocable or irrevocable. It is basic to underscore that when a resource is set into an unalterable trust, control of that resource is given over to a trustee. That trustee has a guardian obligation to the recipients of the trust, which incorporates both current pay recipients and possible remaining portion recipients.

These varying interests can make intrinsic struggles for the trustee. Issues frequently emerge when a relative goes about as a trustee when other relatives are the recipients. Think about utilizing a corporate or expert guardian to serve alongside a relative. This can go quite far in diminishing potential family struggle.

5: My attorney has my wellbeing and is the top priority.

Fostering a viable group established in open correspondences and plainly expressed jobs is, as far as I might be concerned, essential to an effective result of any home. So get an estate lawyer now from us for the best plan possible for you and your families.


  1. What is medicaid fraud?

Medicaid fraud is simply false information to get Medicaid to pay for all the services needed for yourself or someone else.

2.  What is a pour-over will?

A pour-over Will is a Will written and documented stating the actions needed to be done through the trustee which will be transferred to him or her. The truster is someone who’s responsible for many assets to be taken care of or sent to assigned beneficiaries.

3. When someone dies does their debt go away?

No, when someone dies, if that person had any debt, creditors will still ask for the money back adding more credit to the accounts. After the designation of the persons’ assets during court, payment of debts will also be announced to whoever the court would call responsible. So a family member, spouse, or close friend will continue with paying everything you owe which is why you should make an estate plan to prevent this sort of conflict.

4. Does a trust protect assets from nursing homes?

 Yes, as long as you transfer funds towards your rent, mortgage, or assistant living instead of going to a nursing home.

5. Does transfer on death avoid probate?

The transfer of death only makes the probate process much more difficult having you provide additional details and reason for the transfer. This makes the process longer and if it’s longer, it’ll be more expensive. The only way to avoid probate is through a trust because everything would be set up or planned ahead, especially the transfer of death.

6.   What does an elder care attorney do?

An elder care attorney has the expertise in arranging any necessary goals to whoever the elder being served needs. It can go along with not just estate planning but also medical care proxy’s, elder abuse, or dealing with ownership of spousal belongings. This is all regards to any senior over the age of 50.

7. If my spouse dies do I get his social security and mine?

Because of the laws of Estate Planning, there’s something labeled, the surviving spouse clause where if one spouse dies, the surviving spouse gets his or her assets. The only assets not provided would be government funds that the spouse still owes or would actually lose the entire thing because of labeled ownership unless there’s a Will stating rights to owning these finances.

8. How do I know if my unemployment claim was approved in NY?

After applying for unemployment at the official NY government website, ny.gov, you should receive a letter towards your home address 2 weeks after applying stating how much unemployment you should be received. Though that’s if you get approved. If not, you would receive the same letter in the same amount of time saying you’re ineligible due to certain dynamics in your life that the government won’t give you many benefits.

9. Do you need a lawyer for advance directives?

These forms can be created by yourself as long as you are over the age of 18 but have the same disadvantages of handwriting your own Will. This means that advance directives shouldn’t be handwritten to prevent future fallacies due to not being able to read the file or putting information that has nothing to do with what’s needed. So you can make your own advance directives but it’s recommended to get a lawyer to guide you in the process.

10. Does a trust override a will?

No, a trust has different functions than a Will but a trust secures the Wills needs for whatever is listed.

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.

Got a Problem? Consult With Us

For Assistance, Please Give us a call or schedule a virtual appointment.