March Estate Planning Madness: Don’t Let Your Family Lose in Overtime

Attorney Jordan McIntyre

March is known for competition, buzzer beaters, and unexpected upsets. Every year, teams that looked unstoppable suddenly fall short while underdogs rise to victory.

Estate planning is not all that different.

Many families assume they have plenty of time, that their assets will automatically pass the way they intend, or that loved ones will simply figure it out. But when incapacity or death occurs without a plan, families often find themselves in legal overtime facing probate delays, guardianship proceedings, family disputes, and unnecessary expenses.

This March, instead of watching surprises unfold on the court, consider whether your estate plan is positioned to win when it matters most.

Top Estate Planning "Upsets" We See

At McIntyre Elder Law, we regularly see situations where families believed everything was in order until reality proved otherwise.

No Power of Attorney Equals Court Intervention

Without a properly executed General Durable Power of Attorney or Health Care Power of Attorney, loved ones may have no legal authority to help you manage finances or make medical decisions if you become incapacitated.

The result is a costly and time consuming guardianship proceeding that could have been avoided with simple planning.

“I Have a Will” But Probate Still Happens

A Last Will and Testament is an important document, but many people misunderstand its function. A will does not avoid probate. It directs the probate process.

Probate can take months or even years depending on complexity, creditor claims, and court schedules. Families often experience delays, administrative burdens, and public disclosure of assets.

The Family Home Gets Caught in the Process

For many families, the home is the most significant asset financially and emotionally. Yet without planning, that home may become subject to probate or Medicaid recovery concerns.

Tools such as enhanced life estate deeds commonly called Lady Bird Deeds or properly structured trusts can help preserve the home for future generations.

Good Intentions Lead to Conflict

When planning is incomplete or unclear, disagreements can arise among children, siblings, or blended families.

We frequently see disputes over who should manage finances, whether gifts or transfers were appropriate, interpretation of vague instructions, and management or sale of family property.

Clear planning reduces uncertainty and helps preserve relationships.

What a Winning Estate Plan Looks Like

A comprehensive estate plan is not just a set of documents. It is a coordinated strategy that protects you during life and your family afterward.

A strong plan often includes:

General Durable Power of Attorney
Health Care Power of Attorney
Living Will
Last Will and Testament
Trust planning where appropriate
Deed planning to address real property
Beneficiary coordination
Long term care and Medicaid considerations

Most importantly, it reflects your goals, family dynamics, and long term intentions.

Spring Forward into Planning

Spring is a season of preparation and renewal. Just as teams prepare for postseason competition, March is an ideal time to review your legal and financial foundation.

Ask yourself:

If something happened tomorrow, who could step in to help me?
Would my family face probate or court involvement?
Are my assets structured in a way that protects them?
Have I clearly documented my wishes?

If the answers are uncertain, it may be time to take action.

Plan So Your Family Doesn't Have to Compete

Estate planning is ultimately an act of care. It is about removing uncertainty, reducing burdens, and giving loved ones clarity during difficult moments.

The goal is simple. When life presents challenges, your family should not have to compete with legal obstacles, confusion, or conflict. They should be able to focus on what matters most. Each other.