Ever heard of families feuding over Grandma’s keepsakes or becoming trapped in endless legal disputes after a loved one passes away? Or the long, frustrating wait to sell a home stuck in legal proceedings? Some families even face losing their entire inheritance. Unfortunately, these situations are all too common, and even celebrities aren’t immune. A quick search will reveal countless stories of famous individuals whose passing left a trail of chaos and contention.
What many people don’t realize is that these scenarios are often avoidable — if you’re informed about the right steps. If you’ve considered drafting a will or setting up a trust to prevent these outcomes, it’s crucial to understand what’s truly at stake. We’re going to use a food analogy to walk through the process, so don’t be surprised if you find yourself getting hungry!
Estate Planning and Lasagna: More Alike Than You Think
Let’s break it down. You’ve likely heard the term “estate planning” before, but do you really understand what it means? Contrary to popular belief, estate planning isn’t just about having documents like a will or trust. It’s more comprehensive than that.
Think of estate planning like preparing your favorite dish — let’s go with lasagna. A lasagna recipe has key components: the ingredients, how much of each ingredient is required, and the instructions to bring everything together. Without those steps, the ingredients remain separate and don’t form a dish.
Estate planning works in a similar way. Your estate plan is the recipe, and the legal documents are like the lasagna ingredients. A will or trust might be equivalent to the pasta or sauce — essential parts, but not the complete dish. Without a plan that ties everything together, those documents are just pieces of paper that won’t accomplish much on their own.
A common misconception is that creating a will or trust is equivalent to having an estate plan. This misunderstanding leads many people, including lawyers and financial experts, to focus solely on drafting documents, without considering the full process. There are even DIY programs like LegalZoom and now AI tools that emphasize this.
However, this focus on the documents, rather than the overall plan, leads to the types of issues we see all too often — families stuck in court, disputes over personal belongings, long delays in distributing assets, and hefty tax bills.
To truly protect your loved ones and ensure that your wishes are followed, you need a complete estate plan. That means not just the ingredients but the entire recipe, including the steps to ensure everything works together smoothly.
The State’s Estate Plan Isn’t to Everyone’s Taste
If you don’t have a personalized estate plan, your state has one ready for you — but it may not align with your wishes. To illustrate this, let’s go back to our lasagna analogy.
Imagine the state’s recipe for lasagna uses spicy sausage, but you can’t handle spicy food. Or maybe their version includes meat when you’re a vegetarian, or mushrooms to which your child is allergic. Worse yet, their recipe might require you to wait months or even years to enjoy your lasagna. In reality, the state’s estate plan is often far from ideal for your unique needs and can lead to outcomes you wouldn’t want.
The state’s plan determines how your assets will be divided, who will inherit them, and what processes must be followed. It often requires a drawn-out court process that can freeze assets and invite conflict among family members. Estranged relatives are still notified and can stake a claim on your assets, even if it’s not what you would’ve wanted.
Luckily, you can avoid this scenario by creating your own estate plan. This allows you to decide who gets what, support causes that matter to you, and skip the lengthy court process. The good news is, you have the power to write your own recipe.
Choosing Your Own Recipe for Success
When you design your own estate plan, you decide what ingredients go into your “lasagna.” Do you want meat or veggies? Mild or spicy sausage? You can avoid ingredients that cause issues for your loved ones and control how and when the “lasagna” is served. You get to decide whether your estate is handled quickly or if certain elements should be saved for later.
Some people might be okay with the state’s plan, but you won’t know unless you understand its details and how it affects you, your family, and your assets. Whether you want to stick with the state’s recipe or customize your own, it’s important to be informed and get it done the right way.
We’re Here to Help You Get It Right
We’ve seen the negative consequences that families face after a loved one passes, and it can happen to anyone. But with proper education, starting with understanding that estate planning is more than just signing documents, we believe we can help families avoid unnecessary hardship.
As a Personal Family LawyerⓇ firm, our focus is on educating you about the state’s plan and how you can create your own to protect your loved ones and your legacy. We call it Life & Legacy Planning, and with this plan in place, you can rest assured that your wishes will be respected, your family will be cared for, and your assets safeguarded.
Ready to get started? Book a call with us today to learn more using the form at the bottom of this page.
This article is a service of The Life and Legacy Law Center, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning® Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.