Estate Planning Services in Buffalo, NY

Not Having an Estate Plan
Many people delay estate planning, assuming it’s only for the wealthy. Without a will or trust, state laws determine how your assets are distributed, which may not align with your wishes. This can lead to unnecessary legal fees and disputes among family members.

Failing to Update Your Estate Plan
Life events such as marriage, divorce, birth, or death should prompt updates to your estate plan. Neglecting to revise your plan can result in unintended beneficiaries or outdated instructions. Regular reviews help keep your documents aligned with your current wishes.

Ignoring Medicaid Planning Until It’s Too Late
Many individuals wait until they need long-term care to consider Medicaid planning. Without proper planning, your assets may need to be spent down before qualifying for benefits. Strategic asset protection in advance can help you preserve wealth while securing Medicaid eligibility.

Not Having a Power of Attorney (POA)
A durable power of attorney designates someone to manage your financial and legal affairs if you become incapacitated. Without one, your family may need to go through a costly and time-consuming court process to gain control over your affairs.

Failing to Designate Healthcare Proxies & Advance Directives
Without a healthcare proxy or living will, medical decisions may be left to the courts or relatives unfamiliar with your wishes. These documents ensure that your preferences for medical care and end-of-life decisions are honored.

Assuming a Will Avoids Probate
A will directs how assets should be distributed but does not prevent probate. Probate can be costly, time-consuming, and public, potentially delaying asset distribution. Using trusts and beneficiary designations can help bypass probate and simplify inheritance.

Not Properly Funding a Trust
Creating a trust is not enough; assets must be legally transferred into it. Many individuals set up a trust but fail to retitle accounts and property, rendering the trust ineffective. Ensuring proper funding maximizes the trust’s benefits.

Failing to Protect Assets from Long-Term Care Costs
Nursing home care can quickly deplete savings if proper asset protection strategies are not in place. Medicaid-compliant trusts and asset transfers done in advance can help protect assets from being spent on long-term care expenses.

Not Reviewing Beneficiary Designations
Beneficiary designations on retirement accounts, life insurance, and bank accounts override your will. Failing to update them can result in assets going to unintended individuals. Regularly reviewing and updating designations ensures alignment with your estate plan.

Overlooking Special Needs Planning
Leaving an inheritance directly to a loved one with special needs may disqualify them from government benefits. A special needs trust can provide financial support without affecting eligibility for Medicaid and Supplemental Security Income (SSI).

Not Planning for Estate Taxes
Larger estates may be subject to federal or state estate taxes, significantly reducing the inheritance left to heirs. Utilizing gifting strategies, trusts, and charitable donations can help minimize tax liabilities.

Gifting Assets Without Understanding Medicaid Rules
Medicaid has a five-year look-back period on asset transfers. Gifting assets shortly before applying for Medicaid can result in penalties and delayed eligibility. Proper planning ensures that asset transfers do not jeopardize benefits.

Assuming Joint Ownership is a Complete Solution
Adding a family member as a joint owner on bank accounts or property can create unintended tax consequences and legal issues. Creditors or divorces involving the joint owner may put your assets at risk. A well-structured trust can offer better protection.

Not Planning for Digital Assets
Online accounts, cryptocurrency, and digital assets can be difficult to access after death without proper planning. Including digital assets in your estate plan ensures your loved ones can manage and transfer them as needed.

Overlooking Business Succession Planning
Business owners often fail to plan for the future transfer of ownership. Without a clear succession plan, disputes and financial instability may arise. Structuring a buy-sell agreement or trust can help ensure a smooth transition.

Underestimating the Importance of Life Insurance
Life insurance can provide essential liquidity to cover estate taxes, debts, and final expenses. Without it, heirs may need to sell assets quickly to meet financial obligations. Proper life insurance planning helps protect your family’s financial stability.

Not Communicating Your Estate Plan to Family Members
Keeping your estate plan a secret can lead to confusion, disputes, and legal battles. Discussing your plan with trusted family members ensures that they understand your wishes and reduces potential conflicts.

Failing to Consider State-Specific Laws
Estate and Medicaid planning laws vary by state. Relying on general advice or outdated documents can lead to legal complications. Consulting an estate planning attorney familiar with your state’s laws ensures proper compliance.

Not Preparing for Incapacity Beyond Financial Matters
Many people focus on financial planning but neglect incapacity planning. Setting up a healthcare directive and appointing a guardian for minors ensures comprehensive protection. A holistic approach covers both medical and financial aspects of incapacity.

Waiting Too Long to Start Planning
Procrastination can lead to costly mistakes and missed opportunities. Starting early allows for more flexibility and asset protection strategies. Taking action now ensures peace of mind and financial security for you and your loved ones.