Estate planning often appears clean and simple but when the client passes and administration begins, the true quality of the plan is tested. This course is designed to help estate planning attorneys think beyond drafting and consider how a plan will function during administration. It focuses on building practical, administration-ready estate plans and correcting common mistakes that create issues after death.
Why This Matters:
- Estate planning is more than just documents it’s about ensuring the plan works in real life.
- Good administration starts with good planning that anticipates real-world complications.
Many issues in estate administration stem from avoidable mistakes during the planning stage.
What You Will Learn:
- Spot Mistakes Early
Learn how to recognize potential planning problems before they create bigger issues. The course outlines 15 common errors that often cause difficulties during estate administration. - Understand the Consequences
Understand the real-life impact of poor planning choices. You’ll see how even well-intentioned documents can lead to confusion, delays, or litigation after death. - Fix and Prevent Issues
Learn four practical rules of thumb for drafting more effective estate plans. You’ll also get guidance on how to navigate and correct problems during the administration phase.
The Scrivener’s Commandments: Planning with Administration in Mind
Attorney Leah Del Percio shares four core rules of thumb or “Scrivener’s Commandments” for estate planners to follow when drafting with administration in mind:
- Clarity Over Cleverness
Avoid ambiguous or overly complex language. What sounds impressive in a document can create confusion during administration. - Reality-Check Beneficiary Designations
Ensure that asset titling and beneficiary designations align with the estate plan otherwise, the plan may be legally sound but practically broken. - Plan for People, Not Just Property
Think about the actual people who will carry out or receive under the plan. Are they capable? Do they understand the responsibilities? - Draft for the Future You Can’t See
Account for contingencies, changes in tax law, and family dynamics. An estate plan should work not just today, but years down the line when administration begins.
These commandments are meant to ensure that estate plans are not only well-drafted but also executable, practical, and aligned with the client’s true intent.
Step-by-Step Process for Estate Planning Issue Management
- Identify and Issue-Spot Potential Estate Planning Mistakes Before They Happen
STEP by STEP
- Review the Client’s Full Asset Picture
- Include titled property, retirement accounts, insurance, business interests, and digital assets.
- Analyze Existing Estate Documents
Examine wills, trusts, powers of attorney, and healthcare directives for gaps or outdated provisions.
- Check Beneficiary Designations
- Confirm designations align with the estate plan and are up to date.
- Assess Tax Implications
- Review for potential exposure to estate tax, income tax, or capital gains.
- Spot Gaps in Incapacity Planning
- Ensure valid powers of attorney and healthcare proxies exist.
- Review Titling of Assets
- Confirm ownership matches the estate strategy (e.g., properly funded trusts).
- Evaluate Family Dynamics and Special Circumstances
- Look for red flags like second marriages, minor children, or dependents with special needs.
- Discuss Dilemmas These Issues Can Create
STEP by STEP
- List Common Consequences of Mistakes
- Probate delays, unintended heirs, tax penalties, or contested estates.
- Use Real-World Examples or Case Studies
- Illustrate how poor planning causes avoidable legal or financial problems.
- Explain Legal and Financial Ramifications
- Detail how these issues can lead to family conflict, litigation, or major losses.
- Tailor the Discussion to the Audience
- Focus on scenarios relevant to their situation (e.g., business owners, blended families).
- Develop Strategies for Navigating These Issues When They Arise
STEP by STEP
- Create a Plan to Correct Errors
- Amend documents, retitle assets, or update beneficiary designations.
- Educate Clients on Ongoing Maintenance
- Recommend regular reviews and updates, especially after life changes.
- Collaborate with Trusted Professionals
- Work with attorneys, accountants, and advisors to ensure coordinated planning.
- Include Flexibility in Planning Documents
- Use tools like powers of appointment, disclaimers, or trust protectors.
- Document Every Step Taken
- Keep records of changes, client meetings, and signed updates.
- Implement Risk Mitigation Techniques
- Use specific trust structures, insurance, or legal protections for complex family or financial situations.