Many people tend to postpone what needs to be done, or avoid uncomfortable decisions, only to act when a crisis finally forces them to. They know estate planning is necessary, but consider it something that doesn’t need to be addressed right away, so they keep putting it off. “I’m still healthy,” “I’m not going to die tomorrow,” “I’ll do it after I get everything in order,” “I don’t know where to start”, endlessly delaying is never a wise decision. In fact, procrastinating estate planning is a risky choice.

As an attorney specializing in estate planning and asset protection, I often see people come in crying and regretting that they didn’t prepare earlier, after a spouse has suffered a stroke, been in an accident, or developed dementia. Those who are truly prepared understand that anything can happen at any time, and they begin planning their estate while their children are still young.

Even those who say they’ll start “after everything is organized” after they sell a house, after they’ve used money for something else, after they’ve made a list of assets often end up never doing anything at all. As a result, when they pass away, their families are left to deal with expensive legal procedures, higher attorney fees, and lengthy probate proceedings.

What many people don’t realize is that starting estate planning is the beginning of organizing and protecting your assets, including real estate, financial accounts, and business interests. And that’s exactly what an estate planning and asset protection attorney does.

Estate planning is not only about what happens after death. It’s even more important while you’re still alive. If something happens to you or your spouse, the planning becomes far more complicated and costly. That’s why it’s essential to prepare while you’re healthy.

People who keep saying “later, later…” often find that “later” becomes “too late.”

It’s especially unfortunate when people delay because they think “estate planning is too expensive” or look for the cheapest option. The truth is, the money spent now on proper planning will save significantly more in the future, should incapacity or death occur.

Clients often bring in trust documents they had done at a bargain price years ago, and when we review them, we find that these trusts are essentially empty shells. They never transferred ownership of assets into the trust, rendering the document useless.

Others failed to include crucial provisions for emergencies, such as protecting a surviving spouse’s eligibility for government benefits making the trust ineffective when it’s needed most.

Sometimes, even a small error in the trust could have rendered it completely ineffective had anything happened in the meantime. A “shell” trust is no different from a simple will, which still requires the probate process.

If you become incapacitated without a proper plan, you’ll end up in court guardianship, an expensive process involving court fees, legal fees, and accounting fees. Even your spouse will have to obtain court approval just to access assets for living expenses.

And after death, the estate must go through probate again multiplying the cost. This not only drains financial resources, but also leads to your estate being distributed according to state law, not your wishes.

That’s why establishing a Living Trust in advance reduces costs and time later, ensures your estate is distributed as you wish, and allows your family to avoid hardship — both in the event of incapacity and after your passing.

Estate planning, done while you are healthy, is how you live well and finish well.