12 Critical Estate Planning Mistakes

If you want to ensure that your estate plan properly protects and provides for your heirs, it is essential that you thoroughly plan ahead.

To make sure it’s “smooth sailing”, here are some important estate planning mistakes to avoid.

  • Failure to plan. Without a thorough estate plan, you're risking the financial future of your estate and your loved ones.
  • Not reviewing your documents. It is essential to make sure they're exactly as you want them and also not out of date.
  • Not discussing your plans with family. Sometimes even a brief conversation can shed some light on which of your wishes are likely to be controversial, giving you a chance to rethink certain plans.
  • Don’t name just one beneficiary. Just in case your only heir dies before you, you'll want to have a contingent beneficiary. According to Ohio State Law, here is the designation or qualification of a beneficiary.
  • Don’t forget that your retirement plan accounts or life insurance can’t be included in Wills or Trusts. You'll need a beneficiary designation form to name a revocable trust as the beneficiary.
  • Don’t forget about a power of attorney or health care representatives. These professionals step in to make decisions if you become incapacitated. Typically, the roles dissolve on your death.
  • Lack of a funeral plan. Lack of communication for your funeral plans places an extra burden on your already grieving family. Be sure to give some indication of what you'd like to happen at your funeral or with your burial arrangements. Let them know what they can do to honor you.
  • Failure to include your digital assets. Include a digital estate plan that specifies how you want all your digital assets (i.e. social media accounts, online banking, email, etc.) handled upon your death, and name a digital executor to get it done.
  • Not planning for all contingencies. A will often leave an estate to the testator's "surviving children”, but that raises questions if one of the testator's children dies. Does the money go to that child's heirs or is it split among the survivors? Unthinkable as it may seem, your Will should plan for those possibilities.
  • Failure to fund your trust. Simply put, a trust is useless unless it's funded with your assets.
  • Don’t forget about taxes. Understand the limits of potential state estate taxes or inheritance taxes before you write your Will or trust.
  • Failure to properly store your estate plan. Even a perfect estate plan is absolutely useless if no one knows where to find it. Safes and safety deposit boxes are popular options, but it is vital to tell someone that it's there and how to access it.

Get a qualified Estate Planning Attorney.

 

Help your family save money in unnecessary taxes and probate fees by sidestepping errors. By including an estate planning attorney such as Charles Bendig, you'll have help in drafting your plan and making any changes you want to essentially carry out your wishes as you see fit.

Divorce FAQs

If I Am Served Divorce Papers, Do I Have to Sign Them?

In many situations, no. Refusing to sign divorce papers generally does not prevent a divorce from moving forward. However, you must pay close attention to any deadlines for responding to the court. Ignoring divorce papers can result in a default judgment that may affect property division, child custody, child support, and other important issues.

What Happens If I Ignore Divorce Papers in Ohio?

If you fail to respond within the required deadline, the court may enter a default judgment. This means the divorce could proceed without your input, and the judge may grant many of the requests made by your spouse.

How Long Do I Have to Respond to Divorce Papers in Ohio?

In most cases, a response must be filed within 28 days after being served with the divorce complaint. Missing this deadline can significantly impact your legal rights.

Can a Divorce Proceed If One Spouse Refuses to Participate?

Yes. A divorce can often continue even if one spouse refuses to cooperate or participate in the process, provided the filing spouse properly follows court procedures.

Should I Hire a Lawyer After Being Served Divorce Papers?

While it is possible to respond without an attorney, speaking with an experienced divorce lawyer can help you understand your rights, evaluate the requests being made, and avoid mistakes that could affect your future.

Can I Contest What Is Written in the Divorce Papers?

Yes. Filing a response allows you to disagree with allegations or requests involving property division, child custody, child support, spousal support, and other issues raised in the divorce complaint.

What Should I Do Immediately After Being Served Divorce Papers?

Carefully read all documents, determine your response deadline, gather important financial records, and consider consulting an attorney as soon as possible. Taking prompt action helps protect your rights and interests.

Chuck Bendig, Esq

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

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