5 Estate Planning Mistakes To Avoid
Saturday, August 7th, 2010Consider the facts. Estate planning involves so many different areas. It’s difficult for a good estate lawyer to know all of the intricacies, let alone an average person! Mistakes are bound to occur when a typical person tries to plan his estate without the help of a good New York estate planning attorney.
Listed are just a few of the more common mistakes that can be made when attempting to do estate planning, but it is by no means the end of it:
1. Making The Assumption Your Family Won’t Fight. You probably knew someone whose estate his children fought over bitterly after his passing. You look at your kids and grandkids and assume they could never do that to each other. They’re not greedy, after all. While greed can often stoke the flames in an estate battle, any emotional attachment to property that a person has is just as likely to enflame him against his brother or sister. Photo albums, a chest full of old toys, a wedding dress, and many other types of items often have no real monetary value. Still, these items could mean the world to one or more individuals involved. This can lead to a court battle if there’s been no clear division of property. Help your family avoid this by getting a New York probate lawyer.
2. Never Updating Your Will. People make the false assumption that once a will has been written, it never needs to be reviewed or updated. This is simply not the case. Any number of things can occur to invalidate the will you just drafted. If you obtained new property it won’t be covered under your current will. If a child or grandchild was born to you after the will was written he won’t be covered either. A New York probate lawyer can help you figure out what possible changes in your life may warrant a review of your will. He will let you know when you should update it.
3. Falsely Believing Estate Plans Are Just For The Rich. Many have the wrong idea of just how valuable their property is and assume that they don’t need to bother with estate planning. Most people would be surprised by the true worth of their estate, especially when a home is factored into it. More often than not estates wind up exceeding the tax-free limit placed on estates. Because of this oversight your estate could wind up being taxed heavily. Have an executor attorney and a financial analyst or accountant go over your estate to see just how valuable your assets are.
4. Appointing Estate Managers Based On Family Position. When it comes time to determine who the executor of your will or who a guardian shall be for your offspring, often emotions come into play. Your middle son was always your favorite, so you feel he should be appointed as head of the estate. The most important factors in making these determinations should be skill and availability. Don’t let anyone manage anything unless they have the ability and the time to do it effectively. An executor lawyer can assist you with this kind of decision process.
5. Failing To Make An Estate Plan At All. This is the most common mistake that people are guilty of! You’re healthy now. Why think of uncomfortable things like death? You’ll get around to it. And then you never do. This could tie your estate up in court for years and years. Have an attorney help you set up a proper estate plan. If you have minor children you need cared for, look to a guardianship attorney for assistance. If you’re worried about what happens if you become incapacitated, a living will attorney can help you.
Marchese & Maynard can provide you with the greatest New York probate attorney available. Visit their website and get a New York estate planning attorney to help you soon.