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  • Writer's pictureJose Roman

Critical Mistakes in Estate Planning

Updated: Mar 30, 2023

By: Jose Roman

Estate planning is a crucial aspect of financial planning that can help individuals ensure that their assets are distributed according to their wishes after their death. However, estate planning can be a complex process, and there are several common issues that can arise when creating an estate plan in Pennsylvania. In this blog post, we will discuss some of the most common issues with estate planning in Pennsylvania and how to avoid them.

Failing to Create an Estate Plan

One of the most common issues with estate planning is failing to create an estate plan in the first place. Many people mistakenly believe that estate planning is only necessary for the wealthy, or that they are too young to worry about it. However, everyone can benefit from having an estate plan, regardless of their age or financial situation. Without an estate plan, your assets may be distributed according to state law, rather than your wishes.

Failing to Update Your Estate Plan

Another common issue with estate planning is failing to update your estate plan when your circumstances change. For example, if you get married, divorced, have children, or experience a significant change in your financial situation, you should review and update your estate plan to ensure that it reflects your current wishes. Failing to update your estate plan can result in unintended consequences, such as leaving assets to an ex-spouse or disinheriting a child.

Not Planning for Incapacity

Many people assume that estate planning only involves planning for what will happen after their death. However, it's also important to plan for the possibility of incapacity. This can include appointing someone to make financial or medical decisions on your behalf if you are unable to do so yourself. Failing to plan for incapacity can result in family members or loved ones having to go through the time-consuming and expensive process of seeking guardianship or conservatorship.

Failing to Consider Taxes

Estate planning also involves considering the tax implications of transferring assets to your heirs. In Pennsylvania, there is an inheritance tax on assets passed down to non-spouses. Failing to consider the tax implications of your estate plan can result in significant tax liabilities for your heirs.

Choosing the Wrong Executor or Trustee

The executor or trustee of your estate will be responsible for managing your assets and ensuring that they are distributed according to your wishes. Choosing the wrong executor or trustee can result in mismanagement of your assets or a failure to carry out your wishes. It's important to choose someone who is trustworthy, responsible, and capable of handling the responsibilities of being an executor or trustee.

Not Considering Digital Assets

In today's digital age, it's important to consider what will happen to your digital assets after your death. Digital assets can include social media accounts, email accounts, digital photos, and other online accounts. Without proper planning, these assets may be lost or inaccessible after your death.

Failing to Fund a Trust

If you choose to create a trust as part of your estate plan, it's important to ensure that the trust is properly funded. This means transferring assets into the trust so that they can be distributed according to your wishes. Failing to fund a trust can result in the assets passing through probate, which can be time-consuming and expensive.

Estate planning can be a complex process, but it's important to ensure that your assets are distributed according to your wishes after your death. By avoiding these common issues with estate planning, you can help ensure that your estate plan reflects your wishes and provides for your loved ones. Working with an experienced estate planning attorney can help ensure that your estate plan is properly drafted and executed in accordance with Pennsylvania law.

Don't wait until it's too late - start planning your estate today with our help. Contact us to schedule a consultation and let us help you protect your assets, minimize taxes, and ensure that your wishes are carried out. Your future and your loved ones' future are too important to leave to chance - let us help you create a comprehensive estate plan that gives you peace of mind. Contact us today!

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