The Pitfalls of “Simple” Estate Planning

Estate planning is an essential task for securing your future and that of your loved ones. While “simple” estate planning solutions like payable on death (POD) accounts, joint tenancy, and DIY legal form downloads may seem appealing due to their ease and cost-effectiveness, they often come with significant limitations and potential problems.

This blog explores these issues, helping you make informed decisions about your estate plan.

1.) Payable on Death Accounts: Not a One-Size-Fits-All Solution

POD accounts allow you to name a beneficiary who will receive the account’s assets upon your death, bypassing probate. However, they have limitations:

• No Contingency Plans: If the named beneficiary predeceases you and you haven’t updated the account, the funds may end up in probate, negating the purpose of a POD account.
• No Control Over Timing and Use: You can’t specify how or when the beneficiary uses the funds. For beneficiaries who might not be financially savvy, this could lead to mismanagement of the inheritance.
• Doesn’t Cover All Assets: POD accounts are typically limited to certain types of bank accounts and don’t cover real estate or personal property.

2.) Joint Tenancy: A Risky Convenience

Joint tenancy involves co-owning property. Upon one owner’s death, the surviving owner automatically inherits the other’s share. While this avoids probate, it has drawbacks:

• Loss of Control: Adding a joint tenant means losing sole control over the property. The joint tenant must agree to all decisions regarding the property.
• Exposure to Creditors: The property becomes vulnerable to the debts and liabilities of both tenants. If the joint tenant faces legal or financial troubles, your property could be at risk.
• Tax Implications: Gifting property to a joint tenant might incur gift taxes. Additionally, the joint tenant might not receive a full step-up in basis upon your death, leading to higher capital gains taxes if they sell the property.
• Potential Family Conflict: Using joint tenancy for estate planning can lead to unintended disinheritance or family disputes, especially if there are multiple heirs.

3.) DIY Legal Form Downloads: A False Economy

The allure of DIY estate planning forms lies in their low cost and convenience. However, they are fraught with risks:

• One-Size-Fits-All Approach: These forms often take a generic approach and might not accommodate specific state laws or unique personal circumstances.
• Lack of Guidance: Without professional guidance, you might miss important aspects such as tax implications, the need for trusts, or updates to reflect life changes.
• Risk of Errors: Improperly filled forms or misunderstanding legal terminology can lead to significant legal issues, potentially invalidating your estate plan.
• No Legal Advice: These forms do not offer legal advice, which means you might make decisions without understanding all the implications.

4.) Inadequate Estate Planning: Consequences

Using these simple solutions without considering their limitations can lead to various problems, including:

• Unintended Disinheritance: If not structured correctly, these methods can inadvertently disinherit other intended beneficiaries.
• Family Disputes: Ambiguities or perceived unfairness in asset distribution can lead to family conflicts and legal battles.
• Asset Mismanagement: Without proper directives, beneficiaries might mismanage their inheritance, leading to financial instability.
• Legal Complications: Errors in execution or non-compliance with state laws can result in lengthy and costly legal procedures.

5.) Balancing Simplicity with Comprehensive Planning

While simplicity is desirable, it’s crucial to balance it with the need for a comprehensive plan. Consider:

• Consult a Professional: Engage with an estate planning attorney to develop a plan that considers all aspects of your estate.
• Regular Reviews and Updates: Regularly review and update your estate plan to reflect life changes and ensure compliance with current laws.
• Customizing Solutions: Tailor your estate plan to fit your unique situation rather than relying on generic solutions.

Conclusion: Tread Carefully with “Simple” Estate Planning Solutions

In conclusion, while simple estate planning solutions offer certain conveniences, they often come with significant limitations and risks. It’s crucial to approach estate planning with a comprehensive view, considering all potential implications and seeking professional guidance.

By doing so, you can ensure that your estate is managed and distributed according to your wishes, with minimal legal hurdles and family discord.

Remember, effective estate planning is about safeguarding your legacy and the future of your loved ones. While “simple” solutions might seem attractive, understanding their potential pitfalls is key to making informed decisions and achieving peace of mind in your estate planning endeavors.

Let Our Firm Guide You!

When you work with us, your plan will be carefully constructed to suit your needs in an ideal manner, and nothing will be left to chance. To get started, call our Oklahoma City estate planning office at 405-843-6100.

If you’re in the Tulsa area, our office there can be reached at 918-615-2700, or you can fill out our contact form if you would prefer to reach out electronically.

 

 

After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.

Latest posts by Larry Parman, Attorney at Law (see all)

Story originally seen here