How A Lawyer Can Help You Overcome Estate Planning Challenges

Posted on: 16 December 2022

Estate planning is a key step that helps to make sure your loved ones are taken care of during times of transition. Unfortunately, many challenges come with estate planning, and it can be difficult to know what action you need to take to address them. A lawyer experienced in estate planning can help you work through these common issues and create a plan tailored to meet your unique needs.

Issues With Beneficiaries

A common issue associated with estate planning involves determining who will receive what from your estate when you're gone. If you don't properly designate beneficiaries on your accounts, life insurance policies, retirement plans, and other assets, state laws will determine who receives them. This can cause confusion for family members and lead to disputes that may result in costly legal battles. An attorney knowledgeable about estate planning can help you identify all the people who should receive assets from your estate and ensure that those assets are distributed according to your wishes.

Mental Capacity Requirements

In order for a will or other documents to be valid, they must be created while you have the mental capacity necessary for making sound decisions regarding your finances and health care needs. If there is any doubt about this capacity due to age or illness, a lawyer experienced in elder law issues can make sure all the requirements are met before creating an appropriate plan for you.

Validity Of The Plan

When it comes time for an executor or representative of the estate to carry out the terms outlined in an estate plan document, questions may arise regarding its validity due to changes in state laws or errors made when creating it originally. A lawyer knowledgeable about current state laws governing estates can review the document and make sure it is up to date so that it won't be challenged by anyone when it's time for it to go into effect.

Missing Or Damaged Documents

Estate planning documents can be complex, and it's important to store them securely in order to keep them safe from potential loss or damage. Lost or damaged documents can result in serious issues when it comes to executing a will. An attorney experienced in estate planning can help you identify all of the necessary documents and advise you on how best to store them so that they are easy for your executor or representative to access when needed.


Everyone involved in estate planning must understand how a lawyer experienced in this area of law can help them overcome common challenges associated with setting up an effective plan. To find out more, contact a law firm like Neilson Stanton & Parkinson