8 Common Estate Planning Myths

Many people assume that only older or wealthier folks need to worry about estate planning, or that having a will is all you need to avoid the probate process. However, these are all misconceptions that can cause headaches for you and your family in the future.

Common Estate Planning Myths

Myth #1: Once I Create an Estate Plan, I'm Done

Your estate plan should evolve over time to account for significant changes in your life, such as births or deaths in your family, major shifts in your financial situation, new jobs or businesses, and more. An outdated estate plan can backfire, causing the confusion and chaos it was made to prevent. To ensure your plans are up to date, it’s important to review them with us every three to five years.

Myth #2: I'm Not Wealthy Enough to Need a Will or a Trust

No estate is too small to benefit from a plan. In fact, everyone technically has an estate plan—whether it’s formal and thought-out or just left up to the courts and the state to handle. No matter the overall value of your assets, a will or trust can help you pass them on to your loved ones with minimal stress after your passing. They can also be critical for dictating your medical care, handling custody and care of your children, and more.

Myth #3: Estate Planning is Only for Senior Citizens

When it comes to death, “it’s not if, but when.” Nobody knows when they will pass away, so refusing to plan for accidents or illnesses because of your youth leaves a lot up to chance. If you’re in your 20s, 30s, or 40s, we can help you plan for the worst and adjust for the best.

Myth #4: I Don't Have a Plan Because My Spouse Will Get Everything

While some states default to the surviving spouse as the beneficiary of an estate without a will, others require assets to be distributed to children or even distant relatives. If you want your estate to go to your spouse in its entirety, leaving the transfer up to the state can quickly undermine your wishes. Having an estate plan, especially in same-sex relationships, can ensure your spouse, receives everything you want them to, rather than the opposite.

JOHN-WEAVER

Leaving it up to chance or leaving it up to state laws can put you in a situation where your spouse is left without everything that you would want them to have.

Partner, Attorney

Myth #5: A Will Avoids Probate

Contrary to popular belief, having a will does not mean your estate won’t go through probate. Even well-drafted wills must go through probate, which can be a lengthy, expensive, public process that may pit your loved ones against each other. Having a trust-based estate plan is the only reliable way to avoid probate and the stress that comes with it.

Myth #6: DIY or Online Estate Plans are Sufficient

Drafting your own estate plan is generally not a good idea. Going it alone can give you a false sense of security while mistakes and errors remain, potentially forcing your loved ones to clean up the mess. Hiring an attorney now can help ensure your estate plan is crafted correctly the first time, saving you and your family time, money, and hassle.

Myth #7: Estate Planning is Too Expensive

Whatever you spend on estate planning today will likely be dwarfed by what your family may spend later in dealing with probate. Investing in planning your estate properly on the front end will pay dividends for your loved ones on the back end, both in stress, funds, and time spent fixing preventable problems.

Myth #8: I Am in Good Health and Don’t Need an Estate Plan

No one’s good health will last forever, and no one knows when the expiration date is. It’s much better to have an estate plan that you don’t need than to need one you don’t have. The right estate plan doesn’t need to account for everything that may or may not happen to you throughout your life — it handles your affairs as if it will go into effect tomorrow, giving you the chance to preserve your wishes no matter what the future holds.

“Plan while you’re healthy — Not during the crisis. We say it all of the time: the worst time to plan is when you need it.”

Partner, Attorney

Let Evans & Davis Help Champion Your Family’s Legacy

Estate planning often begins with a simple conversation about your goals, family, and priorities. Working with an attorney who focuses on estate planning helps ensure your plan is legally sound and tailored to your life, which is why you should hire an attorney instead of doing it yourself.

If you are ready to explore the benefits of having an estate plan or want to take the first step toward putting one in place, Evans & Davis is here to help. Our team focuses on long-term, relationship-driven planning designed to protect your family and your legacy. 

To get started, call 866-708-2335 or complete our online form today.

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