Estate planning is one of those topics people often push to the side. It’s understandable—no one wants to think about getting older, becoming seriously ill, or passing away. But avoiding the conversation can lead to confusion, unnecessary legal expenses, and stress for your loved ones.
At Kristine Romano Law, we regularly meet with clients in Northborough and Natick who are surprised to learn how many estate planning myths they’ve believed for years. These misunderstandings can prevent people from taking the steps needed to protect themselves, their families, and their assets.
Let’s take a closer look at some of the most common estate planning myths—and what the truth really is.
This is perhaps the biggest and most damaging myth out there. Many people think estate planning is about avoiding the federal estate tax, which only applies to estates worth over $12.92 million (as of 2023). But estate planning is so much more than taxes.
Your estate plan ensures that your wishes are honored if you become seriously ill or pass away. It can:
If you have a bank account, a car, a home, or children—you have an estate worth planning for.
Age doesn’t determine when you need to start estate planning—life does. Young parents in Natick should have a plan in place to protect their children, especially when both parents are named on a will. Without a named guardian, a court could decide who raises your children in the event of a tragedy.
Even single adults need to consider what would happen if they became incapacitated. Who would pay the bills? Make medical decisions? Estate planning documents can answer those questions in advance, giving you control over your future no matter your age.
Your Natick estate plan begins with a Last Will and Testament. However, a comprehensive estate plan addresses more than the distribution of assets. Trusts are used to ensure that assets are transferred to the right beneficiaries in a timelier manner than they would be if passed through your will. Your estate plan should include a Power of Attorney, Health Care Directive and a Living Will.
While online templates might seem like a quick and inexpensive option, estate planning isn’t a one-size-fits-all situation. Many clients come to us in Natick after a DIY plan caused confusion or didn’t follow Massachusetts law.
Every state has different rules about how documents must be written, signed, and witnessed. Even a small mistake can make your plan legally invalid. Working with an experienced estate planning attorney ensures your documents are done right—and reflect your unique situation and wishes.
This is one of the most misunderstood aspects of estate planning. A Will provides important instructions, but it still must go through probate—the court-supervised process of distributing a person’s estate. Probate can be costly, time-consuming, and public. If you own property in multiple states, each property might go through probate separately.
There are ways to minimize or avoid probate, such as using Trusts, beneficiary designations, or joint ownership. But a Will alone doesn’t keep your estate out of court.
Estate planning is just as much about protecting your life as it is your legacy. In the event of an illness or accident, you may need someone to step in and make financial or health care decisions for you.
That’s why a complete estate plan includes more than a will. It should also include:
These estate planning documents give you peace of mind and make a difficult time easier for your family.
Creating your estate plan is a huge step—but it’s not the final one. Life changes. So should your estate plan.
You should review your documents when you:
Even if none of these events happen, we recommend reviewing your plan every few years to ensure it still reflects your current wishes and the latest Massachusetts laws.
The type of estate planning documents you choose to create depends on your financial situation, family structure and long-term goals. If you’re unsure about what an estate plan should include for you and your family, consult an estate planning attorney at Kristine Romano Law to explore your options. Our law firm helps clients navigate Trust creation, asset protection and estate planning strategies to ensure that their wishes are honored and their wealth is preserved. Contact us to schedule a consultation today to determine the best plan for your future.
Reference: Utah Business (June 12, 2024) “5 common myths about estate planning, debunked”
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