Avoiding Common Estate Planning Mistakes: Protecting Your Assets

Estate planning is a crucial process that allows you to protect your assets and ensure your loved ones are provided for after your passing. However, it's not uncommon for individuals to make mistakes that can have significant consequences for their estate plans. In this article, we'll explore some of the most common estate planning mistakes to avoid to safeguard your assets and legacy. Klafehn, Heise & Johnson PLLC, based in Brockport, NY, is here to provide you with experienced guidance to help you steer clear of these pitfalls.

Procrastination

One of the most common estate planning mistakes is procrastination. Many people delay creating an estate plan, assuming they have plenty of time. However, unexpected events can occur at any moment. It's essential to start planning as soon as possible to ensure your wishes are documented.

Not Having a Will or Trust

Failing to create a will or trust is another significant mistake. Without these documents, your assets may be distributed according to state laws, which may not align with your intentions. A will or trust provides you with control over the distribution of your assets.

Neglecting Beneficiary Designations and the Structure of Jointly-Held Assets

For assets like retirement accounts and life insurance policies, beneficiary designations take precedence over your will. Some forms of joint ownership of assets like real property, vehicles and bank and/or investment accounts can have the same effect.  Failing to update these designations and the structure of jointly-held assets can result in unintended consequences. Ensure your beneficiary designations and the structure of jointly-held assets are current and in line with your overall plan.

Overlooking Tax Implications

Estate taxes and estate/personal income taxes can significantly impact the wealth you pass on to your heirs. Failing to consider tax implications and implement appropriate strategies can lead to unnecessary tax burdens for your beneficiaries.

Ignoring Changes in Life Circumstances

Life is ever-changing. Marriage, divorce, the birth of children, and other significant life events should trigger a review and potential update of your estate plan. Failing to account for these changes can lead to unintended consequences.

Choosing the Wrong Executor or Trustee

Selecting the wrong person to serve as executor or trustee can create problems during the estate administration process. Ensure that the individuals you choose are responsible, trustworthy, and capable of fulfilling their roles.

Not Communicating Your Wishes

Failure to communicate your wishes and the location of important documents to your loved ones can lead to confusion and disputes. Open communication is essential to ensure your intentions are understood and followed.

DIY Estate Planning

While DIY options may seem cost-effective, they often lack the experience and professionalism necessary to address complex estate planning issues effectively. It's advisable to seek professional guidance to ensure your plan is comprehensive and legally sound.

Protect Your Legacy

Avoiding these common estate planning mistakes is crucial to protect your assets and legacy. If you have questions or need assistance with your estate plan, reach out to the experienced professionals at Klafehn, Heise & Johnson PLLC in Brockport, NY, by calling (585) 637.-3911. Our caring team is here to help you create a tailored estate plan that safeguards your assets and ensures your wishes are honored.

Legal Disclaimer: This article provides general information about common estate planning mistakes to avoid. It should not be construed as legal advice or a substitute for consulting with an attorney. Each individual's situation is unique, and laws can vary from state to state. For specific legal advice and guidance tailored to your transactions and circumstances, consult with the attorneys at Klafehn, Heise & Johnson PLLC. Portions of this account are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.