If leaving a legacy for loved ones matters to you, it’s important that you avoid certain key estate planning mistakes. In particular, there are four key errors that you don’t want to make because they could cost you the chance to leave the assets that you have worked so hard for to the people that you love and care about. 
Here are the errors that you will want to make sure to avoid.
1. Delaying your estate planning for too long
One of the biggest mistakes that you could end up making is waiting too long to actually get your estate plan created. This is a huge issue because there’s never any way to predict exactly when the time will come that you need an incapacity plan or when the time will come that you need to have your estate plan ready for after you pass away.
If you suffer a debilitating illness or injury and you have not created an incapacity plan before that happens to you, then you and your loved ones will both be put into a difficult position. Your loved ones will have to decide what kinds of extraordinary care to accept or refuse on your behalf. And you could end up getting the care you wouldn’t have desired or not getting the care you would have preferred to receive. Your family could also be left with confusion and guilt over the decisions they have to make.
On the other hand, if you pass away without an estate plan, intestacy laws will dictate who inherits. You’ll lose the chance to be in control over who gets your property and it will go to close family members based on the default rules instead of your preferences. You also can’t do things like arrange the transfer of assets outside of the probate process or take control over what happens to money and property minor children may inherit.
You don’t want to miss out on your ability to use all of the estate planning tools available because you wait too long, so don’t hesitate to put a plan in place.
2. Not creating a comprehensive and complete estate plan
Not creating a comprehensive estate plan is another potential estate planning mistake that you don’t want to make. You could find yourself not achieving your objectives if you either don’t create all of the estate planning documents that you should or if you don’t make the documents that you do create complete.
For example, if you make a will, then you may assume that you’ve done what you need to. However, if you don’t address all the important issues in your will, this could be problem. You don’t want to forget to specify who should care for your pets after you are gone, for example, or not address the distribution of all of your money and assets.
You also may not want to just stop at a will and assume that is the only estate planning document you need. There are other tools you can use to do things like prepare for incapacity and ensure that you don’t lose your money and property to expensive nursing home fees. Using tools like a living will and a healthcare power of attorney will give you the ability to ensure you’re deciding on medical services while tools like irrevocable living trusts can help you to qualify for Medi-Cal to cover your nursing home care without you having to impoverish yourself first.
If you don’t use these other documents, then you could find yourself unable to leave the legacy that you had been hoping for.
3. Not ensuring that your estate planning documents are legally valid
Another major mistake could occur if you create an estate plan but you do not make absolutely certain that the documents you are creating are valid, enforceable, and likely to withstand challenges.
Every year in the United States wills and trusts are contested in court. Depending on your situation, there could be a risk that your surviving family or friends challenge the will or other estate planning documents that you have created. If there is a challenge, you’ll want to be confident that your documents can stand up to it so your wishes and preferences are not invalidated.
Likewise, if you make mistakes like not making your power of attorney durable, then your grant of authority could end right when you need it most. Problems with your legal documents could cost you the ability to control your legacy since obviously, you are creating these documents for a reason. If they’re declared unenforceable, that objective won’t be met.
4. Not working with an experienced attorney to put your estate plan in place
Finally, the last big mistake would be not getting legal help at all. If you work with an experienced and qualified estate planning attorney, you can avoid errors. With help from an experienced and qualified estate planning attorney, you can maximize the chances that your will, trust and other documents will be valid and comprehensive. Your lawyer can also discuss the goals you have and help to ensure that you are using the right tools to achieve those objectives. This help is not available from paralegals, online will preparation services or even general practice lawyers. Just like doctors, attorneys need to specialize in specific fields of law to be competent. You would not go to a foot doctor for brain surgery, would you?
These are just some of the mistakes you should make certain you don’t make so you get the ability to control your own destiny and set future generations in your family up with a successful legacy. We regularly assist clients by providing them with help at each step of the estate planning process so they can avoid errors. Give us a call at (916) 437-3500 or contact us to arrange for a consultation.
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