10 Common Complications Encountered When Estate Planning

April 12, 2023

The Importance of Estate Planning for Your Family's Future

Estate planning isn't something that people often like to think about– but it's a necessary task that protects your assets and ensures your loved ones are taken care of in your absence. A well-crafted estate plan can give you the peace of mind that comes from knowing your family's future is secure.


In this blog post, we will explore the importance of estate planning and the common complications that arise during the process. We will also discuss why it's essential to coordinate efforts between professionals such as an accountant, a lawyer, and a financial planner to create a comprehensive plan that addresses end-of-life and inter-generational issues.

10 Common Estate Planning Complications to Keep in Mind

Dealing with an estate can be complex, and without proper knowledge, it can cause stress and conflict among stakeholders. To help you prepare for the process, we've listed the most common complications associated with estate planning:

  • Privately-Owned Businesses: Lack of an estate plan, shareholder agreement, or life insurance can lead to lengthy legal processes after the death of a shareholder.
  • Children with Special Needs: Advanced planning is necessary to ensure children with disabilities or addiction issues receive long-term care and financial protection.
  • Second Marriages: Proper planning is required to avoid conflicts with children from previous marriages who may inherit assets.
  • Wide Age Gap Marriage: Retirement planning, estate planning, and long-term financial stability are crucial.
  • Out-of-Country Assets: Owners of global assets must consider multi-jurisdictional considerations such as tax laws, estate laws, currency, and legal rules to ensure their assets are included in their estate plan.
  • Illiquid Assets: Assets without a clear market value or definition can add complexity to the estate planning process.
  • Family Disputes: Proper asset division and well-executed wills can avoid conflicts among heirs.
  • Another Principal Inheritor's Death: Inheriting a significant estate becomes more complex when a principal inheritor dies suddenly.
  • Lawsuits: Legal battles over an estate can occur when heirs feel they were wronged or dispute asset division, complicating the estate process further.
  • Co-owned Businesses with No Clear Exit Plan: Co-owned businesses can result in lengthy legal battles and significant legal fees.

It's crucial to include all assets and potential debts in the estate plan to avoid unequal distribution among beneficiaries. It is also a good idea to review your plan every few years to ensure it is up-to-date with changes in your life and the law. Proper coordination with an accountant, a lawyer, and a financial planner is essential to creating a comprehensive plan that addresses end-of-life and inter-generational issues.



Here are a few additional points to keep in mind:

Unusual Assets such as timeshares can be challenging to get rid of after a person's death, and inheritance can complicate the estate planning process. Children's Debts can also be a complication not to forget. If loans made to one child are not accounted for in estate planning, it can lead to unequal distribution among beneficiaries. Therefore, including outstanding debts in the plan ensures equitable distribution of the estate after death. Procrastinating on estate planning can cause stress and uncertainty for your loved ones when you are no longer around. Schedule an appointment with a professional to start your estate planning today and provide your loved ones with financial security and peace of mind.

Contact the Estate Planning Attorneys at Fitzpatrick Mariano Santos Sousa P.C.

Proper estate planning is not only an essential task, but it's also a vital investment in your future and your family's well-being. Estate planning is a coordinated effort between you, an accountant, a lawyer, and a financial planner, and your goal is to create a comprehensive plan that addresses end-of-life issues. Procrastinating on this crucial task could leave those you care about vulnerable. By taking the right steps now, you can ensure that your assets are protected and your loved ones are well-taken care of in your absence.



Schedule an appointment with a professional to start your estate planning today and ensure your legacy is secure. Don't hesitate to contact us at (203) 583-8299 or through our online platform for any questions you may have.

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