Why Estate Documents Fail: The Hidden Truth About Traditional Estate Planning
August 15, 2025

You hired a lawyer, signed your estate planning documents, and filed them safely away. Or maybe your financial advisor created your documents, or you might have done them yourself online, for free using AI. You think your work is done. But then you die, and your loved ones are left battling court delays, family conflict, and financial loss. 


It’s a scenario I’ve seen too many times. Families who thought they were protected learn—too late—that their loved ones' estate plan failed them. The problem? Traditional estate planning focuses on creating legal documents, not on building a plan that works when your loved ones need it most. 



In this article, I’ll share real stories I’ve heard and read about that show why documents aren’t enough—and how Life & Legacy Planning® offers a better solution.

When Legal Documents Create Legal Disasters

Let’s start with a few families who did everything “right.” They worked with lawyers, signed estate plans, and trusted the process. But those plans didn’t work when it mattered most.


The Father Who Tried to Protect His Eight Children


A loving father created a trust to divide his assets among his eight children. But the attorney he worked with missed one small—but critical—detail: a strip of land near the family beach home wasn’t titled in the name of the trust.


When the father died, that oversight sparked a costly legal mess. His children faced delays, infighting, and a breakdown in trust—not only with each other, but with the attorney. And the very plan meant to protect them became a source of conflict.


The Blended Family That Fell Apart Overnight


One man left his entire estate to his second wife, trusting her to “do right” by his daughter from his first marriage. But when he died, that trust was shattered. His wife kept everything - which she was entitled to do because he intentionally left all his assets to her - and cut off his daughter completely.


The daughter was left with two painful options: spend thousands in court with little hope of winning, or walk away with nothing. This father never imagined that grief and money would change family dynamics. But they often do.


The DIY Planner Who Unintentionally Disinherited Her Family



Another woman was proud of her financial savvy and used online templates to create a trust. Later, she wrote out a list of personal gifts for her children and grandchildren. But she didn’t realize that list had no legal standing. She also didn’t realize that the online trust document stated that the law in a different state dictated how the trust would be interpreted. It was a state she had never lived in, and thousands of miles from her home.


When she died, her second husband inherited everything. Her children went to court, and the case became expensive and contentious - exactly the outcome Jane was trying to avoid by drafting a trust in the first place. 


Each of these people thought they were making smart decisions. They believed having legal documents meant they were protected. But, as the stories illustrate, documents alone aren’t enough.

Why “Simple” Plans Often Cost the Most

Another dangerous myth? Thinking your estate is “simple.” I can’t tell you how many people call my office and say something to the effect of, “My situation is very simple, I don’t need anything complicated.” Then we meet for a Life & Legacy Planning® Session, and they discover that what they thought was “simple” actually wasn’t. Most estates are more complicated than people think.


The truth is, even basic plans can fall apart without guidance.


The Daughter Who Lost the Family Home


After her father passed away, a woman discovered his house was still under mortgage—and behind on payments. She only found out because she was cleaning out his house and saw the bank’s letters in the mail. He did not have an inventory of his assets and liabilities she could find and know what to do. She couldn’t afford to catch up on his mortgage with her own money. She tried to negotiate with the bank, but she lacked legal authority to do so. That meant she had to file paperwork and had to wait for the court to appoint her as estate administrator before negotiating with the bank.


The court process took months because the courts were backed up with cases. Before she had authority to act, the bank foreclosed. The equity in her inheritance vanished.


This is entirely legal, too. Check your mortgage paperwork. It probably has a clause saying that the obligation to pay extends beyond your life.

A Better Approach: Life & Legacy Planning®

These stories show why traditional estate planning fails. It treats planning like a one-time transaction—a stack of documents to sign and forget. But the documents alone won’t ensure your kids aren’t disinherited, the equity in your home is lost, and that your loved ones aren’t left with a mess. That's why Life & Legacy Planning is different. With this approach, you don’t just get documents. You get a comprehensive plan that addresses:


  • Your assets: including a complete and updated inventory where your loved ones can find it and no assets get lost
  • Your wishes: from how assets are divided to how children are raised
  • Your family dynamics: so that conflict is minimized, not created, and you don’t accidentally disinherit your children
  • Ongoing updates: to ensure your plan stays relevant as your life changes


And most importantly, your loved ones get a trusted advisor—someone to call when the worst happens, who knows your plan and can guide them step-by-step, relieving them of stress, time off from work, extra expenses out of their pockets, and who provides support when they’re grieving. Documents cannot do that


Real Protection Means More Than Documents on a Shelf


When you create a Life & Legacy Plan with me, your family will know where to find important documents and how to access accounts. They’ll know what steps to take, what bills to pay, and who to turn to for help.


A Life & Legacy Plan goes further to protect your family:


  • I will ensure your documents are not only signed, but that your trust is properly funded so your loved ones don’t have to go to court.
  • I will create and maintain a detailed asset inventory, including life insurance, retirement accounts, digital assets, and more.
  • I will review your plan regularly because your life, your finances, and the law all change over time -and if your plan doesn’t accurately reflect your life when you die or become incapacitated, it will fail. Your life isn’t static, and so your plan shouldn’t be either.


You will also pass on personal messages, stories, and your values. I hear over and over again from my clients’ loved ones that these things matter most - even more than the balance in your retirement account.


Planning Isn’t for You—It’s for the People You Love


Here’s another thing that traditional estate planning doesn’t get. Planning isn’t about you. It’s about the people who will be left behind. They’re the ones you do it for. So, ask yourself these questions:


Do you want them to waste months in court? Struggle to locate assets? Argue with siblings? Lose a home or miss an inheritance?


Or do you want them to feel secure, supported, and cared for—because you took the time to put a real plan in place?


Take Action Today


The stories I've shared aren't isolated incidents. They represent what happens to thousands of families every year who thought they were protected by traditional estate planning. Each person believed their situation was different, their family was closer, they could trust their spouse to carry out their wishes, and that their planning was sufficient. They never imagined they'd become cautionary tales.


Don't let your family become another story of estate planning gone wrong. The families in these stories thought it could never happen to them, but it did. The difference is that you still have time to create a plan that will actually protect the people you love most.


Click here to schedule a complimentary 15-minute discovery call to learn more about how I can support you:


calendar.trustamdlaw.com/widget/booking/SM5Rw4nPHp116frqxKXn


This article is a service of AMD Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.


The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

August 7, 2025
When Anna Harp lost her father, Rudolph Clausing, she didn’t get to say goodbye. It was January 2021, during the height of the COVID-19 pandemic. Her dad had been battling lung disease when he contracted the virus, and strict hospital protocols meant his family couldn’t be by his side in his final days. Anna was just 27. Her father was 66. And in an instant, he was gone. But in the aftermath of her father’s passing, as her mother gathered his things from the hospital, she discovered something Anna never expected—a notebook, and inside it, a note scrawled in her dad’s handwriting: “It has been such a good life.” Seven simple words. And yet, to Anna, they were everything. This touching story reveals something profound about what loved ones truly need after someone dies. While we often focus on financial inheritance and legal documents, the reality is that your loved ones will treasure your humanity, your love, and your guidance far more than any material wealth you leave behind. So the question is: are you preparing to give them what they'll value most? What Your Family REALLY Values After You're Gone In the immediate aftermath of losing someone you love, money becomes secondary to the desperate need for connection, comfort, and understanding. They'll be searching for pieces of you, trying to feel your presence, and longing to know what you would have wanted them to do. When you die without sharing your deeper thoughts and feelings, your loved ones are left with an emotional void that no amount of money can fill. They may spend years wondering what you were thinking, whether you were proud of them, or how you would have handled certain situations. This uncertainty has the power to create lasting pain that affects their relationships, their decisions, and their ability to move forward with confidence. The people who struggle most after losing someone aren't necessarily those with financial problems—they're the ones who feel emotionally adrift because they don’t know how to find peace after their loved one has died. The True Legacy of Love: Clear Communication and Guidance The best way to help them find peace is by passing on your love. Love is expressed through preparation and clear communication. When you take time to share your thoughts, values, and wishes with your family, you're giving them a roadmap for navigating life without you. This isn't just about end-of-life care or funeral arrangements—it's about providing the emotional support and practical guidance they'll need for years to come. This type of communication becomes a legacy of love that extends far beyond your lifetime. When your children face difficult decisions, they can ask themselves what you would have done. When they need encouragement, they can remember your words of support. When they want to honor your memory, they know exactly what would make you proud. Clear communication also prevents the kind of family conflicts that can destroy relationships after someone dies. When everyone understands your wishes and the reasoning behind them, there's less room for misunderstanding or manipulation. Your words become a unifying force that brings your loved ones together rather than driving them apart during an already difficult time. Unfortunately, traditional estate planning completely misses this crucial need for emotional connection and ongoing guidance. Traditional planning focuses solely on legal documents, as if dying is a purely financial transaction. Traditional estate planners may ask you who should get your house and how to minimize taxes, but they won't help you communicate your values, share your life lessons, or prepare your family for the emotional realities they'll face after you're gone. Create Your Own Legacy of Love Through Life & Legacy Planning Life & Legacy Planning is so much more than traditional estate planning. It prepares your loved ones for a life without you. Here’s how: You Create Clarity, Not Just Documents Life & Legacy Planning is so much more than creating documents. It's estate planning done the right way so that it will work for the people you love most when they need it to. Once you create a Life & Legacy Plan with me, your loved ones will have the guidance they need. They’ll know where to find important documents, how to access your accounts, and what steps to take first. They will have clear instructions about everything from paying bills to handling your business interests. But most importantly, they'll understand your wishes, not just about money, but about the things that matter most to them—how you'd want your children raised if you die while they’re minors, and what values you hope they'll carry forward. Your loved ones will know what family traditions you want to pass on, and what stories you want to tell about family members long-since passed. You Prepare Your Loved Ones for Financial Realities Your Life & Legacy Plan will also address the financial realities - not just the transactions - your loved ones will face. How will your spouse manage the mortgage? What about your children's future education costs? How can you ensure your family maintains their lifestyle while also preparing for long-term financial security? The answers to these questions won't come from a life insurance policy or a set of documents alone. You Leave a Piece of Yourself An important part of my Life & Legacy PlanningⓇ process, most clients tell me it’s the most important part, is I help you create a Life & Legacy Recording. It's your opportunity to speak directly to your loved ones about what matters most. You might share the story behind family heirlooms, explain your values and hopes for the future, offer encouragement for difficult times ahead, or simply express how much your family means to you. Unlike Rudolph's note, which was discovered by chance, your Life & Legacy Recording is specifically designed to be watched when your family needs it most. It becomes a permanent reminder of your love, wisdom, and presence in their lives. Your grandchildren will even be able to hear your voice and learn from your experiences, even if they're born years after you're gone. You Give Them a Guide So They Have Someone to Turn to When They Need It Finally, I have systems in place to review and update your plan on an ongoing basis as your life and assets change, so your plan will work over time, and so you have a trusted advisor at your side who has your back. I'll form a relationship that will last throughout your lifetime, and I'll be available to your loved ones so they know exactly what to do and when. If I am no longer available, know that I’m part of the Personal Family LawyerⓇ network - lawyers who also use the Life & Legacy Planning process - and I’ll ensure one of them will be able to step in and support you and the people you love. This ongoing relationship is what truly makes the difference. Most lawyers lose touch with clients once the documents are created, leaving families to navigate the legal process alone while they're grieving. When they have to go through probate or handle other legal matters, they have no idea what's expected of them or how to manage the process—and this is overwhelming, especially when they're also dealing with grief. Let’s Build a Plan That Leaves No Questions—Only Love If you want to create a plan that leaves a legacy, don’t wait. Life is unpredictable. But your love doesn’t have to be. As your Personal Family Lawyer® Firm, I’ll help you create a Life & Legacy Plan that protects your family legally, prepares them emotionally, and leaves behind the greatest gift you could ever give them the gift of your love. Schedule your complimentary 15-minute discovery call today, so we can create a plan that helps you say: “It has been such a good life.” calendar.trustamdlaw.com/widget/booking/SM5Rw4nPHp116frqxKXn This article is a service of AMD Law, a Personal Family Lawyer Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
July 30, 2025
You've just lost someone important to you, and now you're responsible for their home. Maybe it's sitting empty while you figure out what to do next. Maybe you're planning to sell it, or perhaps other family members want to move in eventually. Whatever your plans, you're about to discover that an empty house needs almost as much attention as an occupied one—sometimes more. The challenges of managing a vacant inherited home go far beyond simply deciding whether to keep it or sell it. From the moment you take responsibility for the property, you're facing security risks, maintenance issues, insurance complications, and legal responsibilities that most people never anticipate. Let's walk through what you can expect and how to protect both the property and your family's interests. The Immediate Security Concerns You Can't Ignore The first 48 hours after someone dies can be critical for protecting their home. Unfortunately, there are people who see a death announcement or funeral notice as an opportunity. Break-ins during funeral services happen, and an obviously empty house can become a target for theft or vandalism. Your immediate priorities should include securing all entry points and changing the locks as soon as possible. You don't know who might have keys or alarm codes. That trusted neighbor who helped your relative might be completely trustworthy, but their teenage son's friends are unknown quantities. The home health aide who cared for your loved one might have made copies of keys with good intentions, but now those keys represent a security risk. Beyond changing locks, you'll want to establish some basic security measures. Make sure neighbors know who should and shouldn't be around the property. If there's a security system, update the codes and contact information. Consider having someone stay at the house during the funeral service if possible. Remove easily portable valuable items as quickly as you can. Jewelry, small electronics, cash, prescription medications, and firearms should be your first priorities. Don't forget about items that might not seem valuable to you but could be attractive to thieves, like tools, lawn equipment, or collectibles. The goal isn't to empty the entire house immediately, but to remove the items that would be easiest for someone to grab quickly and that would be hardest for you to replace. While security concerns might seem like the biggest challenge initially, they're actually just the beginning of your responsibilities as the new property owner. The Ongoing Maintenance That Never Stops Once you've secured the immediate concerns, you'll discover that houses don't pause their needs just because they're empty. In fact, vacant homes often require more maintenance attention than occupied ones because small problems can quickly become big problems when no one is around to notice them. Heating and cooling systems still need to run to prevent damage to the structure and remaining contents. In winter, you can't simply turn off the heat—frozen pipes can cause thousands of dollars in damage. In summer and humid climates, lack of air circulation can lead to mold growth that can destroy the property's value. Regular inspections become crucial when no one's living in the house day-to-day. A small roof leak that a homeowner might notice immediately can cause extensive damage in an empty house before anyone discovers it. Clogged gutters, missing shingles, or foundation issues won't announce themselves—you need to actively look for them. The property's exterior needs ongoing attention too. An unmowed lawn, unremoved newspapers, or uncleared snow immediately signals that the house is vacant. This not only creates security risks but can also violate local ordinances and affect the property's value. You'll need to arrange for regular lawn care, snow removal, and general upkeep to maintain the property's appearance and value. Don't forget about pest control. Vacant homes can quickly become attractive to rodents and insects, especially if there's food left in pantries or if entry points aren't properly sealed. What starts as a small mouse problem can become a major infestation that damages the property and creates health hazards. Beyond the day-to-day maintenance challenges, there's another critical issue that many families discover too late: their insurance coverage may not be what they think it is. The Insurance Complications That Could Cost You Here's something that catches many families off guard: your loved one's homeowner's insurance might not cover damages that occur after the house becomes vacant. Insurance companies consider vacant properties to be higher risk, and many standard homeowners policies have clauses that limit or exclude coverage for properties that have been unoccupied for more than 30 days. You need to contact the insurance company immediately to report the change in occupancy status. Some insurers will provide continued coverage for vacant properties, but usually at higher premiums and with more limited coverage. Others might cancel the policy entirely, requiring you to find specialized vacant property insurance. The stakes here are enormous. If the house burns down or suffers major damage and the insurance company determines it was vacant without proper coverage, you could be personally liable for the full loss. This could easily amount to hundreds of thousands of dollars. Even if you're planning to sell the property quickly, don't assume you can skip this step. Estate sales often take longer than expected, and even a few months of improper coverage could result in devastating financial consequences. The key is to be proactive and honest with the insurance company about the property's status. Work with them to understand your options and ensure continuous appropriate coverage throughout the time you're responsible for the property. While these challenges might seem overwhelming, there's a way to prevent most of them from becoming problems in the first place. How Life & Legacy Planning Prevents These Problems All of these challenges become much more manageable if your loved one had a proper Life & Legacy Plan in place. Unlike traditional estate planning that focuses primarily on legal documents, Life & Legacy Planning anticipates the practical realities your loved ones will face and provides systems to handle them smoothly. When you work with me to create your Life & Legacy Plan, we will include a complete asset inventory that documents everything your family needs to know about the property, including the deed, insurance policy and other documentation relevant to the home. This inventory prevents your family from having to search through boxes and files while they're grieving, trying to piece together basic information about what you own. Life & Legacy Planning may also include strategies to ensure funds are immediately available to cover property expenses. This is crucial because, without proper planning, your family might have to pay out of pocket for maintenance, repairs, insurance, and utilities for months or even years if you need to administer the estate through probate.. Imagine having to cover a major roof repair or heating system replacement from your own savings because the estate's funds are tied up in court. Many people aren’t in the position to be able to do this while keeping up with their own expenses. Perhaps most importantly, when you work with me to create your Life & Legacy Plan, your family will have me as their trusted advisor when these challenges arise. They won't have to search for help while they're dealing with grief and trying to figure out what to do with your house. Instead, they'll have someone who can guide them through each decision with confidence. Taking Action to Protect Your Family If you want to make sure your loved ones know exactly what to do with your house after you die - and they have the support they need for every step - the time to act is now. As a Personal Family Lawyer® Firm, I help you create a Life & Legacy Plan that works so your loved ones aren’t burdened with the stress of trying to figure out what to do. You’ll start with a Life & Legacy PlanningⓇ Session, where you’ll get more financially organized than ever before, and learn what will happen to your home, your loved ones, and all your assets if you become incapacitated or when you die. Armed with this knowledge, you and I will create a plan together that fits your unique needs, wishes, and values at a price that works for you. When you work with me, I make it easy for you to give your loved ones the greatest gift - the peace of mind that comes from knowing you’ve taken care of all the details, so they don’t have to. Click here to schedule a complimentary 15-minute discovery call and learn how I can help you create a plan that truly protects the people you love: calendar.trustamdlaw.com/widget/booking/SM5Rw4nPHp116frqxKXn This article is a service of AMD LAW a Personal Family Lawyer Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
November 3, 2022
An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. However, in this age of technology, it is important to remember to include your digital assets. Digital assets consist of everything we own online. Because we spend more time on computers and smartphones than we ever did before, you may not realize how much digital stuff you own, from photos and videos to online accounts, cryptocurrency, and nonfungible tokens (NFTs). 
December 10, 2021
When you think about estate planning you may think about a set of documents that provides for the distribution of assets after you die. While it is true that an estate plan should efficiently distribute your assets after you die, a comprehensive estate plan should also examine the need to preserve assets for the enjoyment of the people you are responsible for, as well as ensure that you are supported and cared for during your lifetime, even in periods of diminished capacity or if you require long term care. Long-term care is the kind of care you need if you are not able to perform normal daily activities (such as eating, dressing, and bathing) without help, and it is expected that you will need this help for an extended period or the rest of your life. This kind of care is often needed due to aging, chronic illness, or injury, and most of us will need it for at least some time before we pass on. But it is not just for the elderly; a good number of younger, working-age adults are currently receiving long-term care due to accident, illness, or injury. Long-term care can be provided in your home, an assisted living facility, or a nursing home. All of these can be very expensive, with care provided in a private room at a nursing home typically being the most expensive. Home healthcare can easily run over $54,000 per year according to Genworth Financial’s Cost of Care Survey . Depending on the skill, medical certifications, and training required of the caregivers, the number of hours needed and where you live, home healthcare can cost more. Assisted living facilities can cost more than $50,000 per year; the more services you need, the higher the cost. Nursing home facilities, with round-the-clock care, are now $90,000 or more a year. Expect to see these costs go even higher, thanks to rising medical costs and longer life expectancies. The average stay in a nursing home is three years. Alzheimer's patients usually need care longer. Unfortunately, health insurance, disability income insurance, or Medicare do not cover long-term care. Health insurance plans cover nursing home expenses only for a short period while you are recovering from an illness or injury. Disability income insurance will replace part of your income if you are not able to work after a specified time, but it does not pay for long-term care. Medicare, which covers most people over the age of sixty-five, provides limited coverage for skilled care for up to one hundred days immediately following hospitalization. After that, you are on your own. So who will pay the cost if you need long-term care? There are only three sources: your (or your family's) assets, Medicaid, and long-term care insurance. Medicaid pays the bills for a large number of people in nursing homes today. But because the program is designed to provide services for those who cannot support themselves (children, disabled, incapacitated, and low-income individuals), you will have to "spend down" your assets and be practically penniless to qualify for benefits. Your spouse is also limited to the amount of assets he or she can have. Also, you will only be able to receive care from a facility that accepts Medicaid. But if you have minimal assets, it may be the best option for you. For many people, long-term care insurance is the best option, especially if you have assets and income you want to protect, you want to avoid being a financial burden on others, and you want to have some choice in the care you receive. With long-term care insurance, you will have the option of receiving care in your home or a private pay facility. The premiums are lower when you are younger and in good health. If you wait too long, the cost could be prohibitive and you might not qualify. When creating a comprehensive estate plan you must consider planning for long-term care. If you are considering trying to qualify for Medicaid, make sure you talk with us before you do anything. An innocent mistake could disqualify you from receiving benefits for many months.
November 12, 2021
The 2021 holiday season is upon us. That means that we are coming to the end of another year, but there is still time to get some major estate planning goals accomplished. Here are ten things to do before the end of the year. Put your estate plan in writing . Covid 19 brought new insights into how fleeting life really can be. You may have thought about putting your wishes on paper about how your want to distribute your assets if something happens to you. Set the end of the year as your deadline to finally get this done. Figure out why you have been procrastinating and conquer your fears. If it is because you are not sure who you want to be the guardian for your minor children, who you want to be your executor or trustee, or how to divide your estate, AMD Law can help you decide. (You can always change your mind later; do not let these decisions keep you from putting a plan in place now.) If you don’t commit your desires to writing Maryland’s (or your state’s) default will decide who gets your stuff. Make or update health care documents. At a minimum, everyone over the age of eighteen needs (1) a durable power of attorney for health care, which gives another person legal authority to make health care decisions (including life and death decisions) for you if you are unable to make them for yourself; and (2) Health Insurance Portability and Accountability Act (HIPAA) authorizations, which give written consent for doctors to discuss your medical situation with others, including family members. In addition, a revocable living trust is preferable over a will in the case of incapacity because it can prevent the court from controlling your assets. Review and update your existing estate plan . Personal and financial circumstances change throughout your lifetime, and your plan needs to change with them. Revisions should be made any time there are changes in your family (birth, death, marriage, divorce, remarriage), your finances, tax laws, or if a trustee or personal representative can no longer serve. Now is a perfect time to do this; if there are changes you want to share with family members, you can discuss it during the holidays. Review and update your guardian for minor children. The person you name as guardian for your children when they are young may not be the best choice as your children get older. Also, this person could change his or her mind, move away, or even become ill or die. Revisit your choice from time to time, and name more than one guardian in case your first choice cannot serve. Remember, if you have not named a guardian who is able and willing to serve and something happens to you, the court will decide who will raise your kids. Review and update beneficiary designations . This is especially important if your beneficiary has died or if you are divorced. If your beneficiary is incapacitated or is a minor, setting up a trust for this person and naming the trust as beneficiary will prevent the court from taking control of the proceeds. Review and update your insurance . Check the amount of your life insurance coverage and see if it meets your family’s current needs. Consider getting long-term care insurance to help pay for the costs of long-term care (and preserve your assets for your family) in the event you and your spouse should need it due to illness or injury. Get basic documents for unmarried kids who are over eighteen . It is a mild shock to learn we cannot see our college kids’ grades without their permission, even though we pay the tuition. It can be much worse if they become ill. Unmarried adults (age eighteen and over) must have a durable power of attorney for health care and HIPAA authorization naming you to act on their behalf in a medical emergency. And, while you are at it, have your attorney prepare a simple will and durable power of attorney. Hopefully these will not be needed, but if an event does occur, you will be glad you have them. Consider using your estate and gift tax exemption . As of 2021 every American can transfer up to $11.70 million free of federal gift, estate, and generation-skipping transfer tax. A married couple can transfer up to $23.4 million. If Congress does not change the current law, the federal estate tax exemption in 2026 will be $5 million (adjusted for inflation), $3.5 million, $1 million, or some other amount determined by Congress. If you are concerned that a reduction in the estate and gift tax will adversely affect you, consider using up your exemption by making gifts while the exemption remains high. You do not have to completely give away your assets; you can make the transfers in ways that will let you keep control and even keep the income your assets are generating. You also do not have to use the full $11.7 million exemption to benefit; even those safely below the $11.7 million amount should consider some planning to prevent future tax liability. Make tax-free gifts. Under current federal law, you can give up to $15,000 to as many people as you wish each year. This is a great way to reduce the size of your estate (and potentially save estate taxes) over time. For example, if you give $15,000 per year to your two children and three grandchildren, you would remove $75,000 from your estate in just one year and $350,000 in five years. (You can double these amounts if you are married.) Charitable gifts are unlimited. So are gifts for tuition and medical expenses, if you give directly to the institution. If your assets are safely below the $11.7 million exemption, you may not need to make these tax-free gifts to avoid paying estate tax when you pass away. You need to determine if making these tax-free gifts is appropriate for you by discussing them with your estate planning attorney. Talk to your children about your estate plan . You do not have to show them bank and financial statements, but you can talk in general terms about what you are planning and why. The more they understand it, the more likely they are to readily accept it—and that will help to avoid discord after you are gone. You can also talk to them about your values and the opportunities that money can provide. Even better, show your values by doing—the holidays are an excellent time for families to do charitable work together.
September 2, 2021
On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. The SECURE Act has several positive changes: It increases the required beginning date (RBD) for required minimum distributions (RMDs) from your individual retirement accounts from 70 ½ to 72 years of age, and it eliminates the age restriction for contributions to qualified retirement accounts. However, perhaps the most significant change will affect the beneficiaries of your retirement accounts: The SECURE Act requires most designated beneficiaries to withdraw the entire balance of an inherited retirement account within ten years of the account owner’s death. The SECURE Act does provide a few exceptions to this new mandatory ten-year withdrawal rule: spouses, beneficiaries who are not more than ten years younger than the account owner, the account owner’s children who have not reached the “age of majority,” disabled individuals, and chronically ill individuals. However, proper analysis of your estate planning goals and planning for your intended beneficiaries’ circumstances are imperative to ensure your goals are accomplished and your beneficiaries are properly planned for. Under the old law, beneficiaries of inherited retirement accounts could take distributions over their individual life expectancy. Under the SECURE Act, the shorter ten-year time frame for taking distributions will result in the acceleration of income tax due, possibly causing your beneficiaries to be bumped into a higher income tax bracket, thus receiving less of the funds contained in the retirement account than you may have originally anticipated. Your estate planning goals likely include more than just tax considerations. You might be concerned with protecting a beneficiary’s inheritance from their creditors, future lawsuits, and a divorcing spouse. In order to protect your hard-earned retirement account and the ones you love, it is critical to act now. 
April 23, 2021
Why Do I Need Life Insurance?
April 23, 2021
For every person who transfers a home to an adult child without incident, there is another person who regrets the decision to do so. as with other estate planning tools, transferring a residence to an adult child is not always the best option for everyone. While the property will escape the probate process. If you are considering transferring your home to an adult child, it is important to first consider the risks involved. 
April 21, 2021
Many Americans spend a lot of time and effort in managing their finances. While most are worried about how the coronavirus (COVID-19) will impact their income—whether that's because they are temporarily furloughed, find themselves suddenly without a job, or watching their investment and retirement accounts dwindle—there is another way COVID-19 can wreak havoc on American's finances: lack of incapacity planning. As the coronavirus continues to expand across the country, thousands of Americans are unable to carry out normal financial responsibilities because they are too ill, or they are stuck abroad and unable to travel home, or from a lack of resources due to being isolated at home. While feeling healthy, individuals should plan ahead now and ensure that someone will take care of their financial duties by setting up a Financial Power of Attorney. This important legal document will not only protect your finances should you fall ill from COVID-19 but also from any events that might leave you incapacitated, like an injury or accident. 
March 26, 2021
How Do I Make Sure My Grandchildren Are Taken Care of If Something Happens to Me in Prince George's County, Maryland?