The Estate Planning Mistake Families Don’t See Coming
Many estate plans fail for a surprisingly simple reason: the family can’t actually read them. At minimum, every Georgia family needs a will or trust, power of attorney, healthcare directive, HIPAA release, guardianship designations for minors, and correctly titled assets. But even these essential documents won’t help if your family doesn’t understand how to use them.
A good plan needs to do more than take up space on your shelf. It has to be clear, concise, and easy for your loved ones to follow at the exact moment when life gets challenging.
My free Peace of Mind Through Estate Planning guide is a great place to start. Download it here.
Imagine your family holding a binder of documents they can’t read
This happens more often than people think. A loved one passes away, and the family locates the estate plan—often a thick binder full of documents written in dense legal jargon, with instructions that could mean three different things depending on how you interpret them.
This isn’t the family’s fault. Most people didn’t go to law school, and many attorneys write estate plans that feel like they were designed for other attorneys, not for actual families.
So what does your grieving family do when they aren’t sure where to start with your estate plan? Often, they panic. They call an attorney and might spend thousands of dollars trying to understand the plan that was created to protect them. In Georgia, where probate is slow, courts are backlogged, and families need to make decisions quickly, an unclear plan is more than frustrating. It’s a liability.
An estate plan that’s technically correct can still fail
After more than a decade as a practicing estate planning attorney, I’ve seen all of the following too many times to count:
- Wills written in dense, complicated language only a lawyer could follow
- Trusts with five pages of definitions
- Executors or trustees hiring a different attorney to help interpret documents
- Beneficiaries confused about what they’re entitled to inherit
- Plans stored in places no one can find
When plans aren’t clear, they can break down right when families need them most.
That’s why I always make sure my clients can answer this question: “If something happened to you tomorrow, could your spouse or adult child pick up your estate plan and know what to do next?”
If the answer is no, you don’t have a functional plan. You just have paperwork.
How to create an estate plan that passes the “stress test”
Here’s a simple test you can use to decide if your current plan is workable, or to build a strong estate plan if you don’t have one yet. I call it the “stress test,” because the people executing your plan are likely under significant stress, and plans should be created with that in mind.
Your estate plan fails the stress test if:
- Your family can’t interpret your instructions without the help of an attorney
- No one knows where your documents are stored
- Your spouse couldn’t explain the main “flow” of the plan if asked
- Your executor isn’t clear on their first three steps
- You haven’t reviewed your plan in 5 years or more
- You aren’t sure what’s titled to your trust, if anything
If your estate plan checks even one of these boxes, it’s likely to result in confusion, court delays, or extra costs.
In Georgia, where probate is increasingly slow, this can mean 6-12 months of court proceedings, with multiple rounds of filings and the potential for frozen assets while the court works through its backlog and makes a final ruling.
The #1 fix most people don’t know exists: Plain-language estate planning
Most estate planning focuses solely on legal accuracy, but the best plans are both accurate and usable. After all, creating an estate plan isn’t an exercise that gets anyone excited, but it’s even less exciting to build a plan you’re just hoping will work when the time comes.
A strong estate plan is one you feel confident about, because you’ve read and reviewed it yourself (without needing a law degree).
The estate plan flow chart
All of my trust clients walk away with an estate plan flow chart. Essentially, it’s a visual summary of:
- What estate documents you have
- What they mean
- Who does what
- Where assets go (and when)
It reads like a user guide, not a legal textbook. My clients consistently tell me this is the part of the plan they love most, because they don’t have to wonder what’s in the plan they created. They know.
How clarity prevents family conflict
When families don’t understand your plan, three things can happen:
1. People fill in the gaps with assumptions
“I thought Mom wanted me to handle this.”
“I assumed the house was mine.”
“I thought the trust included that account.”
Assumptions can turn grief into anger and conflict very quickly, so it’s best to have estate planning conversations early and eliminate any doubt.
2. Executors get overwhelmed
Most executors have never handled probate, trust administration, or titling through the courts. Without a clear roadmap, they freeze.
3. Delays can get expensive
This is especially true in Georgia, where delayed probate can mean:
- Frozen bank accounts
- Missed tax deadlines
- Property stuck with no one authorized to sell
- Expensive legal fees
Clarity on the plan saves money, time, and sanity.
How to choose an estate planning attorney who will build a clear plan
Whether you live in Georgia or elsewhere, here’s what to look for:
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- Plain language: Look for an attorney who writes estate documents in plain language, not dense legalese.
- A visual map or summary page: If the firm can’t explain your plan on 1-2 pages, keep looking.
- Clear instructions for your family: They should know what to do first, where documents are kept, and who to call.
- Post-planning support: Good estate planning attorneys will provide a few weeks of ongoing support after the plan has been made, so you have time to ask any lingering questions.
FAQs
What happens if I don’t understand my estate plan?
Your family will probably struggle with probate, titles, bank accounts, and trust administration, because if you can’t read the plan you created, they likely can’t either.
How do I know if my estate plan is correct?
A correct plan is one your family can use without translation. If you can’t easily explain it, it probably needs revision.
Do I need a lawyer to read my estate plan?
Not if the plan is well-written in the first place. Plain-language plans are more effective over the long term.
What documents does a Georgia estate plan need?
Most high-income families should have both a will and a trust, power of attorney, healthcare directive, HIPAA release, standby guardian and guardian designations for minor children, and properly aligned asset titles.
Create an estate plan your family can use when the time comes
We know estate planning isn’t fun to think about, but creating a clear plan matters as much as having a plan in the first place. I’m Sarah Siedentopf, an estate planning attorney in Atlanta, Georgia. My job goes beyond drafting legal documents; I’m here to make sure you and your family know exactly what to do with them.
Book a call for a hassle-free estate planning process the whole family can feel good about.
