Here are a few of the most common estate planning “upsets” we see:
🏀 No Power of Attorney = Court Intervention
Without a General Durable Power of Attorney or Health Care Power of
Attorney, your loved ones may have no legal authority to help manage finances or make medical decisions if you become incapacitated. In many cases, this leads to a costly and time-consuming guardianship proceeding that proper planning could have prevented.
🏀 “I Have a Will”
— But Probate Still Happens
A Last Will and Testament is an important part of an estate plan, but it does not avoid probate. Instead, it directs the probate process. Probate can take months—or even years—depending on the estate and court schedules.
🏀 The Family Home Gets Caught in the Process
For many families, the home is their most valuable asset. Without proper planning, it may become tied up in probate or exposed to Medicaid recovery. Strategies such as enhanced life estate deeds (often called Lady Bird Deeds) or properly structured trusts can help protect this asset for future
generations.
🏀 Good Intentions Can Still Lead to Conflict
When instructions are unclear or planning is incomplete, disagreements between siblings, children, or blended families can arise. Clear planning helps reduce uncertainty and
protect family relationships.
