Estate Planning Bloopers: The Mistakes We’ve Actually Seen (and How to Avoid Them!)

At Safe Harbor Estate Law, we’ve seen some pretty entertaining—yet potentially disastrous—mistakes in estate planning documents, even from other attorneys. Think of it as the blooper reel of estate planning.

While it might make for a funny story, errors like these can lead to serious issues down the road if not corrected. Here’s a peek behind the curtain at some of the biggest mistakes we’ve encountered in the past few months when our clients bring in these existing estate plans:

1. The Self-Appointed Boss

This month a client brought in her will. In the will, she appointed herself as the Personal Representative to handle her own estate after she died! And this was drafted by an attorney who obviously did not focus on estate planning! Unfortunately, you can’t manage your own estate after you’ve passed on, so this one’s a no-go.

2. The Invisible Power of Attorney

A Power of Attorney (“POA”) is used to appoint someone you trust to handle your financial and legal affairs. Imagine signing and notarizing a Power of Attorney document, only to realize you didn’t put any anyone to act as your agent (Attorney-In-Fact). It’s like signing a blank check that anyone can fill in.

Any bad actor who got ahold of those Powers of Attorney could fill in their own name and steal all the client’s assets! Recently, we discovered not one, but two of our clients with this problem. And the worst part is they both had an estate planning law firm draft the documents!

3. The Ghost Trust

We’ve come across beautifully written trust documents that were, well… haunted. Why? Because they were never signed! An unsigned trust is as good as non-existent—great for a ghost story, but not for your estate.

4. The Phantom Will

Just like the trust, a will that isn’t signed might as well be invisible. It’s the equivalent of writing a letter, putting it in an envelope, and then forgetting to mail it. We have seen unsigned wills created online or by the client. More often, we see improperly signed documents.

5. The Trust Fund That Wasn’t

Here’s a doozy: around 75% of the trusts we’ve seen are unfunded. That’s like setting up a fancy bank account but never putting any money in it. Funding means putting your assets in the trust. Without funding, the trust can’t do its job, and your assets might end up in the wrong hands. You may likely have the expense and hassle of probate.

While these mistakes might sound amusing, they’re no laughing matter when it comes to protecting your legacy. To make sure your estate plan is more blockbuster than blooper reel, it’s essential to work with a top-notch estate planning attorney.

At Safe Harbor Estate Law, we’re here to help you avoid these common pitfalls and ensure your plan is rock solid. If you’re ready to turn your estate planning into a hit, give us a call! We’ll make sure your wishes are carried out smoothly—with no surprise twists.