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AL Estate Planning & Elder Law Blog

Monday, September 11, 2023

How to Steer Clear of Common Errors in DIY Estate Planning

Are you planning now to create your Alabama estate plan? That is excellent news. Deciding to create an Alabama estate plan is a life changing decision. By creating an estate plan you are being proactive to not only make a plan to create your legacy but also to protect yourself and those you love during your lifetime and at the time of your passing. Now, an essential part of your Alabama estate planning is creating a last will and testament. It is critical that this document is created correctly to ensure your final wishes and goals can not only be achieved but are carried out smoothly. 

Are you considering the idea of saving money by doing your last will and testament yourself? Unfortunately, many adults make the serious mistake of attempting to create their last will and testament without seeking professional guidance from an experienced Alabama estate planning attorney. They also, mistakenly, believe a will is all that is needed for an Alabama estate plan. Now the idea of a DIY Alabama last will and testament might seem appealing as a cost-saving measure, but it can lead to significant legal and financial complications down the line. An Alabama estate planning attorney brings invaluable expertise to the table, navigating the intricate legal landscape and ensuring that your entire Alabama estate plan is not only legally valid but also designed to minimize potential disputes and tax burdens on your loved ones and your legacy.

Do you have questions on how to avoid the biggest mistakes out there when it comes to Alabama estate planning? We would like to share some ways to avoid the biggest mistakes people make when creating not only their will but their estate plan. 

You need to be sure to find and meet with an experienced Alabama estate planning attorney. One of the most significant mistakes people make is attempting to create an Alabama will or an Alabama estate plan without professional guidance. An experienced Alabama estate planning attorney can help you navigate the legal complexities, ensure the plan you create together is valid and enforceable, and minimize the risk of disputes after your passing. Once your estate plan is complete, remember life circumstances change over time, such as marriages, divorces, births, deaths, and the acquisition of new assets. So be sure to review and update your entire Alabama estate plan periodically with your Alabama estate planning attorney.     

You need to be clear and specific in your legacy goals and consider contingencies. You do not want any ambiguity in your Alabama last will and testament! Ambiguity or uncertainty can lead to confusion and potential conflicts among your potential beneficiaries. You need to decide what you want for your legacy so you can clearly state the names of your beneficiaries, their relationship to you, and what you want them to receive as well as how. Your Alabama estate planning attorney can help you avoid vague language that could be interpreted differently by different parties. Work with your Alabama estate planning attorney to plan for different scenarios in case your primary beneficiaries pass away before you do. Naming contingent beneficiaries ensures that your assets are distributed according to your wishes, even if the original beneficiaries are no longer alive.

You need to consider any tax implications. Something that would be very difficult for a DIY estate plan to do would be to plan with federal and state taxes in mind. That is definitely a part of what a qualified Alabama estate planning attorney can do in assisting you with your estate plan. Large estates may be subject to estate taxes, which can impact the amount inherited by your beneficiaries. You will need to consult with both your experienced Alabama estate planning attorney and your Alabama tax professional to understand the potential tax implications and explore strategies to minimize the tax burden.

We know this article may raise more questions than it answers. At the end of the day, legal planning is not just for you. Instead, it is for the ones you love most. If we can answer any questions for you on putting this estate planning in place, please do not hesitate to let us know. For more information, please reach out to our office and schedule a time to meet.

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