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Avoid Poor Estate Planning Mistakes That Could Cost Your Family Their Inheritance

  • Writer: Jeff Berenholz
    Jeff Berenholz
  • Mar 19
  • 3 min read

At just 22 years old, Emma faced an unimaginable loss—her parents passed away unexpectedly. As their only child, she was supposed to inherit everything they had worked for: their home, savings, and retirement accounts. However, due to poor estate planning mistakes, Emma’s inheritance was trapped in a legal and financial nightmare that left her with far less than what her parents intended.


Their $500,000 estate quickly dwindled due to:
  • Probate court delays that stretched for years.

  • Attorney and court fees that ate up a large portion of the estate.

  • Creditors making claims on assets meant for Emma.

  • A lump-sum inheritance that she wasn’t prepared to manage, leaving her broke within a few years.


Without a proper estate plan, Emma’s parents lost control over how their wealth was distributed, leaving their daughter financially vulnerable at a critical time in her life.


The Hidden Costs of Probate and Poor Estate Planning Mistakes

When someone passes away without a trust, their assets often go through probate—a lengthy, expensive legal process. Emma’s parents had only a basic will, meaning the courts controlled how assets were distributed.


The financial impact of probate on Emma's inheritance:
  • Up to 5% of the estate was lost to legal fees and court costs.

  • Creditors could file claims before Emma received anything.

  • The drawn-out probate process delayed access to her inheritance for months—if not years.


How to Avoid This:
  • Set up a revocable living trust to ensure assets go directly to heirs without probate.

  • Avoid unnecessary legal fees by structuring your estate correctly.

  • Ensure your family, not the courts, decides how your wealth is distributed.


By avoiding poor estate planning mistakes, you can ensure your wealth goes where you intend—without unnecessary legal complications.


The Risks of Leaving a Lump Sum to Young Heirs

When Emma finally received what was left of her inheritance, it came as a lump sum—with no protections, guidance, or financial structure.


Without financial experience, she quickly faced:
  • Reckless spending on luxury items and impulsive purchases.

  • No budgeting for long-term needs like education or housing.

  • Loss of financial security within a few years.


How to Avoid This:
  • Use a trust with structured distributions, allowing young heirs to receive inheritance in stages.

  • Appoint a trusted financial advisor or trustee to manage assets.

  • Protect funds from creditors, lawsuits, and poor financial decisions.


By correcting poor estate planning mistakes, you prevent young heirs from making costly financial missteps.



Why Estate Planning Isn’t Just for the Elderly

Many people assume that estate planning is only for retirees—but Emma’s story proves otherwise. Life is unpredictable, and failing to plan can leave loved ones with legal headaches and financial loss.


Who Needs an Estate Plan?
  • Parents of minor children – Name guardians and set up financial protections.

  • Young professionals – Protect savings, investments, and digital assets.

  • Homeowners – Ensure your property is passed down smoothly.

  • Business owners – Avoid disruptions and plan for succession.


By taking action now, you can eliminate poor estate planning mistakes and ensure your loved ones are financially secure.


Take Action Today – Protect Your Family’s Future

Emma’s story is a painful reminder that poor estate planning mistakes can lead to financial disaster.


At Jeffrey S. Berenholz, LLC, we help families:

  • Avoid probate court delays and legal battles.

  • Protect inheritances with structured trusts.

  • Ensure financial security for the next generation.


Book a Peace of Mind Planning Session today to:

  • Understand your estate planning options.

  • Learn how a trust can safeguard your assets.

  • Ensure your family avoids probate court headaches.


The session is normally $450, but mention this blog and we’ll waive the fee!

 
 
 

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Beachwood, Ohio 44122

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