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Relying on the government's estate plan. If you do nothing to set up an estate plan, your property will be distributed according to the laws of the state where you live. The laws may require the judge to give your property to someone other than the person you would have chosen.
Relying on a Will. If you have only a Will, your heirs will face serious and costly problems, one of which is probate. True, a will is the most common estate planning tool, but it is not a good tool for you to use.
Relying on joint tenancy. Almost everybody owns their home and bank accounts in joint tenancy. Yet joint tenancy often causes families horrible legal nightmares. You have many options better than owning property in joint tenancy, and they come with substantially less risk.
Relying on conservatorships and guardianships. These court-supervised methods of dealing with a person's incapacity are costly, time-consuming and horribly burdensome. By setting up a living trust, you avoid the need for conservatorships and guardianships.
Assuming you can avoid probate because your estate is small. Most people assume their estates are worth far less than they actually are. The small estate exemption that avoids probate is permitted only for estates with a value of less than $166,250 in personal property. However, Real Estate of any value must go through some type of Probate process if part of an Estate (not in a trust, not in joint tenancy, no transfer on death)
Relying on a form kit for your living trust. No two personal situations are the same. That's why no two living trusts should be written the same way. The only estate plan you can depend on is one that is custom prepared by a qualified attorney.
Relying on the wrong attorney. Most attorneys know very little about estate planning. And some estate planning attorneys earn a substantial part of their income from probating estates. Make sure you hire an estate planning attorney who wants to help to avoid probate.