Estate Planning Pitfalls - Let's Check Estate Planning Off Your List!

Ruth C. Rhodes • March 31, 2022

This past year has taught us many valuable life lessons. Estate planning has been on many “to do lists”. Making the decision to finally check estate planning off your list is a great way to start the new year. Understanding the most common estate planning pitfalls will help you in your planning or revision of prior estate planning. Let’s start with the top 3 estate planning pitfalls to name just a few. 


First, life events are top on the list. Some of the typical life events that can affect your estate plan are the passing of a loved one, moving, marriage, divorce, birth of a child or grandchild or children becoming an adult. You want to make sure and customize your Trust or Last Will and Testament to accommodate these updates. For instance, you might have a loved one named to receive funds and now they have passed. What will now happen to those funds? Will they go to a minor or a young adult who cannot manage the funds? Make sure and plan for any scenario. 


Secondly, the naming of an executor, trustee, or power of attorney are important decisions. The named individuals are in charge of your estate during your lifetime or after your passing. Naming based on age is not always the best answer. The named individuals should act in your best interest so appoint whoever is best for the job and can handle the responsibility.


Last, but not least, failing to fund your trust and set up beneficiaries are very common. Making sure that your assets are titled in your trust or have beneficiary designations are extremely important to avoid probate and follow your wishes of your estate plan. We recommend that you get proof directly from the financial institution that your changes have been noted on your account. 


Of course, the biggest pitfall of all is not to have any estate planning documents. We recommend that you find an experienced attorney who can guide you through the process. You can find many free educational resources on our website at www.rhodeslawpa.com. Please feel free to contact our office for a free consultation at 321-610-4542 to talk about setting up your plan and get the peace of mind of knowing you can avoid the estate planning pitfalls which might affect you or your loved ones. 

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When a family member passes away without a will or trust (called dying intestate ), their estate is distributed according to the laws of the state they lived in. Here's a general step-by-step guide on what to do: 1. Get a Legal Pronouncement of Death: If it hasn’t been done already (e.g., at a hospital), a medical professional must pronounce the death legally. You’ll need this to obtain a death certificate. 2. Obtain Death Certificates: You'll need multiple certified copies (10–15 is common) for banks, insurance, property titles, etc. These are issued by your local vital records office or funeral home. 3. Determine the Estate's Executor or Administrator: If there’s no will, the probate court will appoint an administrator (usually the next of kin). You can petition the court to become the administrator if you're a close family member. 4. File for Probate - Probate is the legal process of settling the estate: Go to the probate court in the county where the deceased lived. File a petition for probate without a will . The court will appoint an estate administrator and officially open probate. 5. Notify Heirs and Creditors Send formal notice to all potential heirs and beneficiaries. 6. Identify and Inventory Assets - This includes: Bank accounts Real estate Vehicles Retirement accounts Personal belongings Some assets may pass outside probate if they have named beneficiaries (like life insurance or POD accounts). 7. Pay Debts and Taxes Use estate funds to pay valid debts and taxes. File the deceased’s final tax return . 8. Distribute the Remaining Assets: Once debts and taxes are settled: The court will distribute assets according to state intestacy laws , usually prioritizing: Spouse and children Parents and siblings More distant relatives if no close family 9. Close the Estate: After all duties are fulfilled, submit a final accounting to the court. If approved, the estate can be officially closed. Consider Talking to a Probate Attorney: Especially if: The estate is large or complex There’s family conflict You need help with legal paperwork Book your consultation with Ruth C. Rhodes of Rhodes Law, P.A. and let Ruth share her knowledge and experience in helping you with planning to meet your individual and family needs. With a commitment to excellence in Elder Law, she stands ready to assist clients at every stage of life, ensuring their rights and wishes are fully protected. So, call us at (321) 610-4542 and schedule your consultation today!
May 9, 2025
Medicare and Medicaid are both government-run health insurance programs in the U.S., but they serve different groups and are funded differently: Medicare - Who it's for: Primarily for people 65 and older, and some younger people with disabilities or end-stage renal disease. - Funded by : Federal government , through payroll taxes, premiums, and general revenue. - Coverage : Includes hospital care (Part A), medical services (Part B), and optional prescription drug coverage (Part D). Private Medicare Advantage plans (Part C) are also available. Medicaid Who it's for : People of any age with low income , including children, pregnant women, elderly adults, and people with disabilities. Funded by : Jointly by federal and state governments. States run their own programs with federal guidelines. Coverage : Broader than Medicare in many cases, often including things like long-term care, dental, and vision services. In short: Medicare = Age-based or disability-based, federal program. Medicaid = Income-based, state and federal program. Medicaid is usually low-cost or free , but costs can vary depending on your state, income, and the type of services you use. Here's a general breakdown: For Most People No monthly premiums Very low or no copays No deductibles In Some States Higher-income enrollees (still within Medicaid limits) may have: Modest monthly premiums (typically under $50) Small copays (often $1–$4 per visit or prescriptions For Long-Term Care (like nursing homes) Medicaid may require you to spend down assets or contribute most of your monthly income toward your care, depending on your financial situation. Special Programs: Children (CHIP or Medicaid) : Often completely free. Pregnant women and people with disabilities : Usually receive coverage with little to no cost. Engaging in Medicaid planning well in advance can significantly enhance peace of mind for individuals and their families, ensuring they make informed decisions that align with their long-term goals. Legal and financial advice may be needed to effectively manage an individual’s estate. Creating trusts, gifting assets, or employing spend-down strategies are often utilized to align with Medicaid’s requirements. At Rhodes Law, P.A. , Ruth will advise you how to qualify, obtain and maintain Medicaid benefits. Call our office at (321) 610-4542 and schedule your consultation today!
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