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Common Estate Planning Mistakes, Elder Law Attorney, Woodstock, GA


Many people who make the correct decision to create estate plans often make common mistakes while doing so or afterwards. These mistakes can be easily avoided.

It is not enough to decide to make an estate plan and to then create one. Those are just two steps in the estate planning process. People who do nothing more often make big mistakes that could have easily been avoided, as CNBCreported in a recent articletitled Trust Bust: Steer clear of the 8 biggest estate-planning mistakes.”

The CNBC list includes the following mistakes to avoid:

  • Thinking your state will handle everything – You cannot rely on the state to deal with any assets that are not covered in your estate plan.
  • Setting up a trust and forgetting about it – You need to fund your trust or having the trust does no good.
  • Setting it and forgetting it – When circumstances change, your estate plan needs to be changed as well.
  • Think all assets will follow your will and trust – Some assets such as retirement accounts might not follow your estate plan’s distribution priorities.
  • Relying on a DIY trust – You need a trust prepared by a professional, not one created by a form.
  • Giving too much too soon – Gifting during your life can be good, but not if you give everything away when you might need it later.
  • Not thinking of children’s needs – If your children have different needs, you might want to consider giving to them differently
  • Choosing the wrong trustee – It is not always a good idea to name a family member to be your trustee.

If you have questions about avoiding these mistakes, contact an experienced elder care attorney about how you can avoid making them.

Reference: CNBC (October 22, 2014) Trust Bust: Steer clear of the 8 biggest estate-planning mistakes

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce