Many people shy away from estate planning, either because it’s uncomfortable to ponder one’s mortality or because it seems like a complex task. Whatever the reason, not having an estate plan can create complications that ripple across the generations. Let’s dissect the outcomes you expose yourself to when you procrastinate or completely ignore estate planning.
Rolling the Dice: Intestacy Laws Take Over
If you don’t leave a will or a trust, your estate automatically falls under state intestacy laws. These laws divide your assets among your relatives based on a predetermined formula. The catch? This division often fails to align with your true wishes. In the absence of explicit directives, your estate may not go to the people or causes you would have chosen.
The Probate Abyss: Draining Time and Resources
Probate is the legal maze your estate has to navigate if you don’t have a trust. And make no mistake – it can be a protracted and expensive ordeal. Legal fees, court costs, and administrative expenses can all chip away at your estate’s value. Moreover, the length of time the probate process takes can add strain and stress to your family’s life.
Lighting the Fuse: Family Strife
When there’s no will or trust, there’s room for conflict. Without clear instructions, family members may fight over your estate, turning what should be a period of grieving into a family feud. Sentimental objects can become points of contention, and the emotional toll on your family can be enormous.
Open Season for Creditors and Legal Actions
Without the protections an estate plan can offer, your estate is an easier target for creditors and those with future legal judgments against you. Your heirs might see their inheritances diminished or wiped out by these claims. Structuring your estate properly can protect your legacy from such vulnerabilities.
Who’s the Boss? The Court Decides
If you become incapacitated and don’t have durable powers of attorney, you lose control over who will make decisions for you. Instead, a court will designate a guardian and/or conservator, who might not make the choices you would have preferred. The absence of these crucial documents translates to a loss of personal autonomy.
The Long-Term Care Conundrum: A Costly Oversight
Long-term care costs can be astronomical and can deplete your estate quickly if you haven’t planned for them because Medicare doesn’t cover custodial care. While there are specific ways to address this, failing to incorporate long-term care considerations into your estate plan could lead to your assets evaporating faster than you’d like.
Missed Philanthropic Goals: Your Legacy Lost
If there are charitable organizations you hold dear, a well-crafted estate plan is your way to continue supporting them after your lifetime. By creating charitable trusts or making gifts through your will, you can translate your values into tangible benefits for causes you care about. Without an estate plan, this opportunity is lost.
Final Word: Inaction Is Risky Business
Choosing to ignore estate planning is essentially playing Russian roulette with your legacy and your family’s well-being. From potential legal battles to unforeseen financial risks, the consequences of not having a plan can be dire.
Take Control of Your Legacy!
A lot of people know that estate planning is important, but they think that they will always have time to do it later on. This is a major mistake because anything can happen to anyone at any time. Plus, short of passing away, incapacity is very common among the oldest old.
When you take the right steps in advance, you can go forward with the knowledge that all of your bases are covered, and your loved ones will be provided for in accordance with your wishes.
To put the procrastination behind you, call us at 860-548-1000 to schedule a consultation at our Westport or Glastonbury, CT estate planning offices. If you would rather reach out electronically, fill out our contact form and we will get back in touch with you ASAP.
Mr. Horowitz was awarded his Juris Doctor degree with honors from the University of Connecticut School of Law. While attending law school, Mr. Horowitz received the American Jurisprudence Award in Legal Ethics and the Nathan Burkan Award.
After graduation from law school, Mr. Horowitz continued his legal education at New York University School of Law where he received a Post Doctorate Law Degree in Taxation. He has also recently received a national achievement award.
Mr. Horowitz is admitted to practice before all the state courts in the State of Connecticut and the United States District Court.
Mr. Horowitz was selected for Super Lawyers in 2021, 2022 and 2023.