Estate Planning Law Firm · Washington, DC · Maryland colle@Pwlegacylaw.com

What not to do

When you know better,
you do better.

First, good for you for taking the initiative. Seriously. Doing something to protect your family is better than simply hoping everything works itself out.

But when you know better, you can do better. A few common, very well-intentioned decisions can create consequences you never intended. Before you move property around, add names to deeds, download forms, or put everything you own into a trust, here are a few things I want you to know.

01

Don’t add someone to your home just to accomplish an estate-planning goal.

Changing a deed changes legal ownership now. Adding a child, sibling, spouse, partner, or other loved one can affect ownership rights, creditors, taxes, benefits, divorce, death, incapacity, and your control over the property. There may be a better tool for what you actually want to accomplish. Before changing ownership, understand what the deed will actually do.

02

Don’t draft your own deed if you don’t have to.

A deed may look simple. Its consequences are not. Exact wording can determine who owns property, how they own it, what happens at death, and what rights each person has. One wrong word or unintended form of ownership can create lasting problems. Real estate is often one of a family’s largest assets. Treat changes to it accordingly.

03

Don’t keep your plan a secret from everyone who needs to know.

Estate planning is not only about documents. Tell the appropriate people that you have a plan, that they have been selected for an important role, and where to find what they will need. Do not simply assume, “They’ll work it out when I’m gone.” Sometimes they will. Sometimes they absolutely will not.

04

Don’t put everything you own into your revocable living trust.

A trust is not a giant legal bucket into which every asset should automatically be dumped. Some assets may belong in the trust. Others may coordinate with it through beneficiary designations or other tools. The answer depends on the asset and the individual plan.

05

Don’t forget to fund your trust.

The opposite mistake matters, too. Signing a beautiful revocable living trust does not automatically place your property into it. If the plan depends on property being owned by or coordinated with the trust, those steps actually have to happen. The documents and assets need to work together.

06

Don’t assume your family will “just know” what you wanted.

Good people can remember conversations differently. Grief changes family dynamics. Money changes family dynamics. Houses change family dynamics. If something matters, plan for it and communicate it appropriately rather than asking loved ones to reconstruct your intentions later.

07

Don’t name your minor children directly as beneficiaries.

You want your children to benefit from what you built. Absolutely. But minors generally cannot simply receive and control significant inherited assets. Directly naming a child on life insurance, retirement, investment, or other accounts can require court involvement or another person to manage the property. Planning tools can let someone you trust use funds for your child’s health, education, support, and needs, then transfer control at an age and under circumstances you thoughtfully choose. The goal is not simply to leave something to your children. It is to leave it for them, in a way that actually works.

When you know better, you do better

Most of these mistakes
start with a good intention.

I want to protect my house. I want my children to inherit what I built. I want to avoid probate. I want to make things easier for my family. I want to save money.

Those are good goals. The problem is that a well-intended shortcut can sometimes accomplish the exact opposite of what you wanted.

The goal isn’t just to move assets around. The goal is to build wealth, preserve what you’ve worked for, protect your choices, and make it easier for the people you love to carry the torch forward.

You were doing the best you could with what you knew.
Now you know a little more.
When you know better, you do better.
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