As an estate planning and elder law attorney, I spend a lot of time helping families solve problems. Unfortunately, many of those problems could have been avoided with a little planning.

The good news is that most estate planning mistakes are surprisingly common—and surprisingly fixable. The bad news is that people often don’t discover them until a loved one dies, becomes incapacitated, or needs long-term care.

Here are the five worst estate planning mistakes I see every month.

1. Having No Estate Plan at All

This is the most obvious mistake on the list, but it remains one of the most common.

Many people assume that if they pass away without an estate plan, everything will simply go where they would have wanted it to go. Unfortunately, life is rarely that simple.

Without a will, trust, durable power of attorney, or health care proxy, your family may be left navigating a legal maze during an already difficult time. The Massachusetts intestacy laws will determine who inherits your assets, regardless of whether those results match your wishes. If you become incapacitated without the proper documents, your loved ones may have to seek a guardianship or conservatorship through the court.

I often tell clients that having no estate plan is still a plan—it’s just one written by the Massachusetts legislature and the Probate Court rather than by you.

A basic estate plan allows you to choose who will make decisions for you, who will inherit your assets, and how those assets will be managed. Without one, those decisions may be made by people you’ve never met.

2. Having an Estate Plan So Old Nobody Can Find It

The second mistake is having an estate plan that exists somewhere in theory.

I routinely meet people who tell me they signed estate planning documents twenty years ago. They are fairly certain the documents exist. They believe they were placed in a safe location. Unfortunately, nobody remembers where that location is.

Even when the documents are found, they may no longer reflect the client’s wishes. Children grow up. Beneficiaries pass away. Trustees move, retire, or become unsuitable. Tax laws change.

Estate plans should be reviewed periodically, particularly after major life events. A good rule of thumb is to dust off your documents every few years. If the paperwork is older than your smartphone, it may be time for a review.

3. Thinking a Will Avoids Probate

This misconception is so common that it deserves its own category.

Many people tell me they don’t need a trust because they already have a will. What they often don’t realize is that a will does not avoid probate. In fact, a will is the document that tells the probate court what should happen to your assets.

For many families, avoiding probate is one of the primary goals of estate planning. Probate can be time-consuming, public, and expensive. Yet I frequently meet people who believe they have solved the probate problem simply because they signed a will years ago.

A will-based plan may be entirely appropriate in some situations. But if probate avoidance is important to you, a will alone is usually not the answer.

The key is understanding what your documents actually do—not what you hope they do.

4. Creating a Trust and Never Funding It

This is the estate planning equivalent of buying a safe and leaving all of your valuables on the kitchen table.

Clients often spend considerable time and money creating a revocable trust. Then they never transfer assets into it.

A trust can only control assets that it actually owns. If bank accounts, investment accounts, real estate, or other assets remain outside the trust, those assets may still require probate despite the existence of the trust.

Creating a trust is only the first step. Funding the trust is what makes it work.

When I review existing estate plans, unfunded trusts are among the most common and costly problems I encounter. The trust may be beautifully drafted, but if assets were never transferred into it, much of the intended benefit can be lost.

5. Ignoring the Massachusetts Estate Tax

Many people are aware of the federal estate tax exemption and assume estate taxes are not a concern.

Massachusetts has its own estate tax system.

As a result, married couples with moderately sized estates may have estate tax exposure even when no federal estate tax is due. Yet many plans either fail to address the Massachusetts estate tax altogether or rely on outdated tax planning provisions that no longer achieve the intended result.

For some families, credit shelter trust planning can help reduce or eliminate Massachusetts estate taxes while preserving flexibility for the surviving spouse.

The point is not that everyone needs complicated tax planning. The point is that everyone should at least know whether they have a potential tax problem before it becomes an expensive surprise.

Honorable Mention: Leaving Assets Directly to Minors

Parents and grandparents often want to leave assets to children or grandchildren. The problem arises when those beneficiaries are minors.

A minor generally cannot directly manage inherited assets. If substantial assets are left outright to a child, a court proceeding may be required to appoint someone to manage those funds until the child reaches adulthood.

And once the child reaches the applicable age, they may receive full control of the inheritance all at once.

Most parents are not eager to hand a large inheritance to an eighteen-year-old. After all, many teenagers still struggle to keep track of their car keys, never mind a six-figure inheritance.

Proper trust planning can provide structure, protection, and flexibility while ensuring the inheritance is used for the child’s benefit.

Final Thoughts

The encouraging news is that most estate planning mistakes can be corrected before they become crises.

Whether your plan is outdated, incomplete, unfunded, or simply nonexistent, taking the time to review your planning today may save your family significant expense and stress tomorrow.

Estate planning isn’t really about documents. It’s about making life easier for the people you care about most.

When a loved one receives a dementia diagnosis, families often focus first on medical care, safety, and daily support. Equally urgent is a legal tool that keeps finances manageable without court intervention: a durable power of attorney. This document authorizes a trusted person to handle money matters if the individual can’t—paying bills, managing accounts, signing checks, dealing with insurers, and completing benefit applications. The absence of this authority can push families into avoidable delays, expenses, and stress at precisely the wrong time.

What a Durable Power of Attorney Does

A durable power of attorney (often called a POA) lets a chosen agent act for the principal in financial and property matters. Because it is “durable,” the agent’s authority continues even after the principal loses capacity. That distinction matters in dementia planning: the document still works when it’s needed most. Properly drafted, it can cover banking, brokerage accounts, real estate, tax filings, retirement plans, insurance, governmental benefits, and more.

Why Timing Matters After a Dementia Diagnosis

Dementia often brings fluctuating capacity. Waiting until finances become unmanageable can close doors. Without a POA, banks and other institutions may refuse to speak with family members, even spouses or adult children. That can result in unpaid bills, lapsed insurance, missed tax deadlines, or frozen accounts. If the person can no longer sign legal documents, the family may be forced to petition the Probate & Family Court for a conservatorship—a public, slower, and more expensive process that requires medical evidence, notice to interested parties, and ongoing reporting.

Avoiding Conservatorship When Possible

Conservatorship has its place, but it should not be the default. A well-prepared POA allows day-to-day management without court oversight, preserving privacy and saving time and resources. It also reduces the risk of missed payments, late fees, and financial disruption—issues that can escalate quickly when cognition declines. In short, the right document at the right time can spare a family from crisis-driven court involvement.

MassHealth: Applications, Spenddown, and Appeals

As care needs grow, many families explore MassHealth (Medicaid) for community or long-term care benefits. A properly crafted POA is invaluable here. The agent can gather records, complete applications, communicate with MassHealth, and organize permissible spenddown steps. Spenddown does not mean shuffling assets into new “categories.” Instead, it typically means using excess countable assets for allowable expenses—such as medical care and equipment, necessary home improvements, or irrevocable burial arrangements—so the individual falls within MassHealth’s asset limits. A robust POA can also authorize the agent to respond to requests for information and, when needed, pursue an appeal of a denial of benefits on the principal’s behalf.

Durable vs. Springing: Choosing When Authority Begins

In Massachusetts, many POAs are effective immediately upon signing, while others are “springing,” activating only when a specific condition is met (often written proof of incapacity). Families facing dementia often prefer immediate effectiveness so the agent can assist right away with banking and benefits, avoiding delays while waiting for medical letters or formal capacity determinations. The best choice depends on family dynamics, trust, and practical needs. Discuss the tradeoffs with counsel before deciding.

Key Powers to Consider Including:

• Access to and management of bank, brokerage, retirement, HSA, and insurance accounts.
• Authority to gather records and submit applications for public benefits, including MassHealth, and to respond to agency inquiries.
• Authority to organize permissible spenddown activities and pay legitimate expenses.
• Real estate authority (signing checks for taxes and insurance, arranging repairs, negotiating leases, or, when appropriate, handling sales subject to planning constraints).
• Tax authority (signing returns, receiving IRS and DOR information, arranging payments or refunds).
• Gifting or special transactions, if appropriate and carefully tailored to the plan.

Choosing the Right Agent (and Backup)

Trust and availability are essential. The agent should be organized, financially responsible, and comfortable dealing with institutions. Consider naming one or two alternates in case your first choice is unable to serve. It is often wise to pair the financial POA with a separate health care proxy naming a health care agent, so financial and medical decision-making are both covered.

Common Banking and Documentation Issues

Even a valid POA can hit practical friction if it is old or vague. Some institutions scrutinize documents that are many years old or that lack specific powers. Others insist on reviewing the full instrument or require their own internal certification forms. To reduce pushback, use clear language, include key powers, and keep the document reasonably current. Provide banks with copies in advance when possible, and ask what they need so your agent is not stalled when time is tight.

How Often to Update in Massachusetts

Plan to review and refresh powers of attorney every three to five years, or sooner after major health, family, or financial changes. While an older POA can remain legally effective, institutions are more likely to honor a recent, well-drafted instrument without delay. Regular updates also let you refine powers for evolving goals, reflect new assets, and confirm that your chosen agent is still the best fit.

Practical Checklist for Families

Act promptly after a dementia diagnosis; don’t wait until capacity is uncertain.
Use a durable power of attorney with clear, specific powers tailored to your situation.
Name reliable alternates and keep contact information current.
Coordinate your POA with your broader plan: trusts, beneficiary designations, and health care proxy.
Prepare for MassHealth planning: organize records, understand permissible spenddown categories, and keep receipts.
Review every three to five years and after major changes.

The Bottom Line

A durable power of attorney is not just a form—it is a practical tool that keeps life moving when memory and judgment falter. It helps families avoid conservatorship, stabilize day-to-day finances, and navigate MassHealth applications, spenddown, and appeals. Draft it thoughtfully, name the right agent, and keep it current. The result is fewer crises, better continuity of care, and more dignity for the person you love.

Ready to discuss your situation and craft a plan that works in the real world? Book a free 15-minute discovery call: Schedule here.