San Mateo, CA estates & probate lawyer Jeffrey Loew talks about the common issues he sees arise from a lack of proper estate planning. He shares that frequently, individuals early in life who do not have large estates or significant assets may not see the need for a trust or an estate plan. As a result, many pass away without an estate plan or attempt to create one on their own. In such cases, mistakes are common.

An estate plan prepared without the guidance of an attorney is particularly vulnerable to challenges. Contestants may argue that the plan does not reflect the decedent’s true intentions, and without a drafting attorney to defend the document, its validity can be more easily questioned. Other issues may arise if the decedent makes errors in describing beneficiaries or intended gifts, which can lead to litigation. Similarly, if assets are not properly transferred into a trust, disputes may occur regarding whether those assets were meant to be included.

An experienced estate planning attorney helps clients anticipate and prevent these problems by carefully addressing potential areas of dispute. While litigation can still occur—for instance, if a child is disinherited—it may be more prudent in some cases to leave that child a modest gift to reduce the incentive to challenge the trust. Ultimately, thoughtful planning with an attorney can greatly minimize the risks of litigation and ensure a smoother estate administration process.