Hot Take Thursday: The Moments That Remind Our Attorneys Why Estate Planning Matters
Welcome to Hot Take Thursday, our weekly series where we ask attorneys at Law Stein Anderson to weigh in on timely legal questions.
Estate planning can feel theoretical when everything is going well. But for attorneys who regularly see what happens when plans are incomplete, unclear, or missing altogether, the importance of planning ahead becomes very real, very quickly.
For this week’s Hot Take Thursday, we asked attorneys at Law Stein Anderson:
“What’s one moment in your career that reminded you why estate planning matters?”
The stories they shared were eye-opening—and, in some cases, costly. They involved family conflict, DIY plans gone wrong, questions of incapacity, and even inheritances going to people the deceased never intended to benefit. In other words, these weren’t hypothetical estate planning problems. They were real situations with real consequences.
A Messy Plan Can Become an Expensive Problem
Attorney Monique Nevarez recalled an early litigation matter involving a blended family, dementia, a power of attorney, and property that had been kept separate throughout a marriage.
The estate planning had not been handled carefully, in part because the individual had been reluctant to spend money on an attorney. Although the client ultimately obtained a good result, Monique remembers the price of getting there:
“She spent six figures proving it.”
It is an important reminder that avoiding the cost of careful planning on the front end can sometimes create significantly greater costs for the people left to sort things out later.
Attorney Bryan Johnson has seen a similar problem arise from do-it-yourself planning.
“I had to explain to a client why their spouse’s do-it-yourself estate plan created a big and expensive mess.”
Online forms and DIY documents can make estate planning appear simple, but every family, asset structure, and set of wishes is different. Documents that do not work together properly—or fail to account for a family’s particular circumstances—can leave surviving loved ones dealing with exactly the kind of confusion the plan was intended to prevent.
Planning Matters During Life, Too
Estate planning is not only about what happens after someone dies.
Attorney Katie A. Lindsey pointed to one of the most difficult situations families face: watching a parent lose capacity.
“When I can sit down with a family and tell them that their mom or dad planned for this and that we have the documents we need, and that they can focus on taking care of them, it makes such a difference.”
When the appropriate planning is already in place, families may be able to spend less time wondering who has authority to make decisions and more time caring for the person they love.
That peace of mind can be one of the most valuable parts of an estate plan.
Blended Families Can Create Complicated Questions
Attorney Christina B. Yee offered a particularly direct reminder:
“Every time step kids try to kick step mom out of the house she’s lived in for 30 years with dad, I’m reminded why a good estate plan matters.”
Blended families can create estate planning questions that may not exist in a traditional family structure. A parent may want to provide for children from a prior relationship while also ensuring a surviving spouse can remain secure. Without clear planning, family members may have very different ideas about what the deceased person intended.
Those disagreements can become both emotionally and financially costly.
Without a Plan, the Result May Not Be What You Intended
Attorney Nate Loftin recalled a matter involving an individual who died without a proper will. The resulting probate issues ultimately allowed someone to receive part of the estate whom the deceased almost certainly never intended to benefit.
For Nate, the lesson was straightforward:
“It highlighted the fact that it is always important to have your gameplan in place, and now is always the best time.”
That may be one of the simplest reasons estate planning matters: without a clear plan, the ultimate result may look very different from what you would have chosen yourself.
Estate Planning Is About Making Things Easier for the People You Love
None of us can predict exactly what circumstances our families may face in the future. What we can do is make our wishes clearer and put the appropriate documents in place before a crisis occurs.
Whether the concern is incapacity, a blended family, avoiding unnecessary litigation, or simply making sure your property ultimately passes according to your wishes, thoughtful estate planning can provide valuable guidance when your loved ones need it most.
If your estate plan has been sitting on your to-do list—or if your current plan has not been reviewed in years—now may be a good time to take another look.
The attorneys at Law Stein Anderson, LLP help individuals and families create and update estate plans designed around their unique circumstances, goals, and concerns.
Attorneys Featured in This Week’s Discussion
Bryan K. Johnson, Esq.
SENIOR ASSOCIATE
Bryan Johnson specializes in tax law, estates, and trusts. Throughout his career, he has prepared hundreds of estate plans.
SENIOR ASSOCIATE
Katie Lindsey is an attorney with extensive expertise in estate planning, trust administration, and probate law.
Nathan R. Loftin, Esq.
SENIOR ASSOCIATE
Nathan (“Nate”) Loftin focuses his practice on trust administration, estate planning, tax planning, probate, and Proposition 19.
Monique Nevarez, Esq.
ASSOCIATE
Monique Nevarez advises clients in the complex areas of tax planning, business formation, and creating a solid estate plan.
Christina B. Yee, Esq.
SENIOR ASSOCIATE
Christina Yee is a senior associate with Law Stein Anderson, LLP. Her practice focuses primarily on probate litigation.