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Common Mistakes To Avoid Without An Estate Planning Lawyer

Posted on September 12th, 2025

Estate planning is one of the most important steps you can take to protect your assets and provide for your loved ones. Yet, many people attempt to handle estate planning on their own using online templates or generic forms. While this might seem like a cost-saving shortcut, it often leads to costly mistakes and unintended consequences. Without the guidance of our Bozeman, MT estate planning lawyer, you risk leaving your family with confusion, disputes, and unnecessary expenses.

Below are some of the most common mistakes people make when they try to create an estate plan without legal help.

1. Using Generic Online Templates

Online forms and do-it-yourself kits may seem convenient, but they rarely account for your unique circumstances. Every family has different financial situations, assets, and goals. A cookie-cutter template cannot provide the tailored strategies that our lawyer can. As a result, your documents may be incomplete, legally invalid, or unenforceable.

2. Failing To Plan For Taxes

Estate taxes and inheritance taxes can significantly reduce what your heirs receive. Without professional advice, many people overlook tax-saving strategies such as trusts, gifting, or charitable planning. Our estate planning lawyer helps structure your estate to minimize taxes and maximize what you pass on to your loved ones.

3. Overlooking Healthcare Directives And Powers Of Attorney

Estate planning isn’t just about what happens after you pass away—it also prepares for the unexpected during your lifetime. Many DIY estate plans leave out critical documents such as healthcare directives and durable powers of attorney. Without these, your family may face difficult decisions or even require court intervention if you become incapacitated.

4. Not Updating The Estate Plan

Life changes—marriages, divorces, births, deaths, and major financial shifts—all affect your estate plan. A common mistake is creating a plan once and never revisiting it. Without regular updates, your plan may not reflect your current wishes or circumstances. Our estate planning lawyer ensures your plan stays current and legally valid.

5. Improperly Executing Documents

Estate planning documents must meet specific legal requirements to be valid. This may include notarization, witnesses, or precise language. Many DIY plans fail because documents are executed incorrectly. If this happens, your will or trust could be contested or even thrown out in court.

6. Forgetting About Beneficiary Designations

Some assets, like life insurance policies, retirement accounts, and payable-on-death accounts, transfer directly to beneficiaries. If these designations are outdated or conflict with your estate plan, your wishes may not be carried out. Our estate planning lawyer reviews all beneficiary designations to ensure they align with your overall plan.

7. Failing To Protect Beneficiaries

Without careful planning, heirs may receive their inheritance outright, which could expose the funds to creditors, divorce settlements, or poor financial decisions. Our lawyer can create trusts and other strategies to safeguard assets and provide for beneficiaries responsibly.

Estate planning is far more than filling out forms—it’s about creating a secure future for your family and ensuring your wishes are honored. By working with our experienced estate planning lawyer, you can avoid common mistakes, reduce legal complications, and gain peace of mind knowing your loved ones will be cared for. At Silverman Law Office, PLLC, we are here to help.

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Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822, Helena office at (406) 449-4829, Big Timber office at (406) 430-6600, or Butte office at (406) 299-8131 to talk to someone right away.

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Bozeman, MT 59718

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Helena, MT 59601

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Big Timber, MT 59011

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Butte, MT 59701

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