Unfortunately, far too many estate plans have led to results that the owners never intended, and the sad news is that many of these stories could have been completely prevented.

Plenty of the failures associated with estate planning in Massachusetts don’t have to do with language inside the will or the tax strategies implemented by the creator.

Instead, it’s usually the soft side or the human side of estate planning that has the most devastating consequences. One of the most common issues associated with estate planning failure is when heirs are not prepared or informed about what to expect. Whether your loved ones don’t know where to find your documents or didn’t know about your most recent will update, all of these issues can create confusion.

A BMO Wealth Management Study recently found that up to 40% of parents never discuss their estate planning intentions with their children and only 28% of adults surveyed said they were familiar with their parents’ estate plan.

Litigation and family conflict is more likely to emerge when one or more children who could be beneficiaries are unpleasantly surprised by the distribution of the estate. Periodically telling key stakeholders, such as your children, about the general value of the estate and how you intend to distribute it could prevent problems down the line.

Discussing your options with a Massachusetts estate planning lawyer can help you identify many of the most common challenges and potential obstacles with creating your key estate planning documents and how to implement the soft side of estate planning as well.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Comments are closed.