Top Five Estate Planning Mistakes

Everyone knows they need to plan for their estates, but many make significant mistakes when estate planning. This process, especially when you attempt to do it without the help of a lawyer, can be very confusing. It is easy to make mistakes. Learning more about the most common mistakes may help you avoid them.

Thinking Wills Avoid Probate:
Having a will is the first step in estate planning. Yet, that is all it is -- a first step. A will tells the courts how you want your assets divided after your death, but it does not avoid the probate process. Until a will goes through probate, it is not legally enforceable. The main way to avoid probate is with the right kind of trust. A lawyer will help you set up your assets so that you can avoid probate, if this is your goal.

Thinking a Joint Title Avoids Probate:
Sometimes another way individuals try to avoid probate is by placing their assets in a joint title setup, where the asset is titled to themselves and one or more of their children or heirs. The idea is that without a will, there is no need for the assets to go through probate. This is a dangerous thing to do, however.

You can possibly avoid probate this way, but if the child or heir you place on the title is not careful with it, everything you have worked your whole life to achieve could be for nothing. Also, this can lead to confusion if you have more than one beneficiary, or if your children end up getting divorced or choose not to pass the assets on to their children, your grandchildren. A trust always works better by ensuring that your assets go exactly where you want them to go.

Moving and Not Updating Trusts:
If you move from one state to another, you will want to update your trust if the laws are different. For instance, some laws allow a Joint Revocable Living Trust plan for married couples, while common law property states require a different plan. Finding a lawyer who is experienced in estate planning for the state you are moving to will ensure that your trust is as it should be for your state.

Not Funding a Trust:
Setting up a trust is not sufficient to protecting your assets. You also have to transfer the title of those assets to that fund. If you do not do so, you have a worthless trust, because your assets will still be directly in your name and will have to go through probate. Make sure when estate planning that you follow through and transfer your funds. Your attorney can help you do this properly.

Moving Without Changing Powers of Attorney:
Just like your estate planning documents, you have to change your powers of attorney and health care directives documents when you move to a new state. Each state has its own laws about how these documents must look and be executed. Make sure you use an attorney who is knowledgeable about these documents for your new state.