It seems a simple task to put your wishes in writing if you should pass away or become incapable of making your own decisions. If that were the case, then people wouldn’t be spending tens-of-thousands of dollars on probate lawyers when death or disability of a loved one occurs.
Estate litigation attorneys are a “walking advertisement” for why people should engage an estate planning attorney to assist with planning their estates and avoid problems before they occur. Individuals who plan their estates themselves or by using a software package or online service do not generally anticipate some of the more subtle complexities of estate planning, such as (1) the impact of titling and beneficiary designations on their estate plan, (2) the problems of an improperly funded trust, (3) estate tax, gift tax, and income tax considerations, (4) planning to ensure that the elderly do not become disqualified for government benefits and long-term care benefits, (5) failing to identify appropriate individuals or entities as trustees, agents and executors, and many others. By spending only a few hundred or a few thousand dollars with a competent estate attorney, one can avoid these and other issues which can create problems that might require vast amounts of money to be spent with estate litigation attorneys.
At the Dana Law Firm, we offer a free consultation to identify the areas of need of each individual client. We have spent thousands of hours litigating the problems created when a person has a poor estate plan or has failed to do any estate planning altogether. It is in everyone’s best interests to plan properly and avoid what can be a financial disaster of failing to give adequate consideration to the complexities of estate planning.
Written by Scottsdale Estate Litigation Attorney Mark Andersen