Signs It’s Time to Consult an Estate Planning Lawyer

By Michael Hackard

Some decisions in life can wait. Others can’t.

In my years of practicing trust and estate law, I’ve seen the difference between families who prepare and those who delay. That difference often shows up not just in court filings or financial accounts but in family relationships, emotional healing, and long-term peace of mind.

Estate planning isn’t something we do because we expect to die tomorrow. We do it because we understand that tomorrow isn’t guaranteed. We do it because we love the people we leave behind and we don’t want them entangled in confusion, conflict, or courtroom battles.

Still, many people struggle to know when to act. They wait for the “perfect time.” They assume estate planning is something to do later after the next vacation, the next job change, the next birthday.

But life rarely gives us a flashing sign that says, “Now’s the time.” So, in this article, I’ll walk you through the practical, emotional, and legal signs that it’s time to consult an estate planning lawyer. If you recognize yourself or your family in any of these, don’t wait.

1. You Don’t Have Any Estate Plan in Place

This is the clearest and most urgent sign.

If you’ve never created a will, trust, power of attorney, or healthcare directive, the state has a plan for you, and it probably won’t reflect your wishes.

Dying without a will (called dying “intestate”) means your assets will be distributed according to a legal formula, regardless of your personal intentions. Worse, if you become incapacitated without powers of attorney or health care directives, your loved ones may need to go through a lengthy and invasive court process just to make decisions on your behalf.

Even if you think your estate is “simple,” having no plan at all invites unnecessary stress, costs, and confusion. An estate planning lawyer can help you take the first and perhaps most important step in securing your legacy.

2. You’ve Had a Major Life Change

Life changes. And when it does, your estate plan should change too.

Whether you’re starting a family, getting married, going through a divorce, buying a home, or inheriting assets each of these milestones impacts how your estate should be structured.

Here are some examples:

• Marriage or remarriage: Your spouse may or may not have automatic rights to inherit, depending on your state’s laws and existing plans. Blended families add complexity that requires careful planning.
• Divorce: Outdated beneficiary designations or wills can unintentionally leave assets to an ex-spouse. If you’ve divorced, your documents need to be updated immediately.
• Birth or adoption of a child: You’ll need to name guardians, set up financial protections, and plan for the child’s future needs.
• Death of a loved one: If someone named in your plan like a trustee, beneficiary, or guardian passes away, your plan needs to reflect that change.
• Buying property or starting a business: Major acquisitions should be coordinated with your estate plan to ensure proper ownership, asset protection, and succession.

An estate planning lawyer helps you revisit and revise your documents, so they reflect your new reality not a version of your life that no longer exists.

3. You Want to Avoid Probate

Probate is the court-supervised process of distributing your estate. And while it may sound straightforward, it’s often anything but.

Probate can take months or even years. It opens your finances to public scrutiny. It can be expensive, particularly in states like California where statutory fees are based on the gross value of your estate. And it invites delays, disagreements, and complications.

If you want to keep your estate private, efficient, and free from unnecessary court involvement, a living trust is often the best solution.

But creating a trust is only half the job. You also need to fund it by retitling assets and coordinating beneficiary designations. This is where an estate planning lawyer becomes essential. They ensure your plan isn’t just written it’s implemented.

4. You Have a Blended Family

Blended families can be beautiful and legally complicated.

You may want to provide for your spouse while also protecting the inheritance of your children from a prior marriage. Or you may have children at very different life stages, with different financial needs and expectations.

Without careful planning, assets can end up in the wrong hands or cause tension among surviving family members. For instance:

• A surviving spouse may receive everything, leaving stepchildren unintentionally disinherited.
• Children may receive equal shares, even if one has special needs or different life circumstances.
• Unclear language in a will or trust can lead to prolonged court battles among heirs.

An estate planning lawyer helps navigate these sensitive dynamics, balancing your priorities and minimizing the risk of future conflict.

5. You Have a Child with Special Needs

If you have a child or grandchild with a physical or developmental disability, estate planning becomes even more critical.

A direct inheritance can jeopardize eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). On the other hand, failing to provide support can leave your loved one vulnerable.

A special needs trust (also known as a supplemental need trust) allows you to set aside funds for their care without disqualifying them from public assistance. These trusts must be drafted with precision and administered carefully.

An experienced estate planning lawyer understands the specific legal requirements and long-term strategies involved. They can help you protect your loved one’s future both financially and medically.

Trust Traps: Uncovering Elder Financial Abuse Schemes by Michael Hackard. It explores the subtle patterns used by predators often disguised as caregivers or “helpers” to exploit vulnerable seniors through manipulation of trust documents and isolation from family

6. You’re a Business Owner

Your business isn’t just an income source. It’s a legacy and potentially one of your largest assets.

Yet many business owners overlook succession planning. What happens to the business if you become incapacitated or pass away unexpectedly? Will your family be able to continue operations? Will the business be sold? Will partners step in?

An estate planning attorney can:

• Coordinate your estate plan with business agreements (e.g., buy-sell agreements, shareholder agreements)
• Help transition ownership to a family member, employee, or outside buyer
• Address tax consequences of transferring a business
• Ensure continuity of leadership and protection of intellectual property

Without a plan, your business may be frozen during probate or worse, dismantled in court.

7. You Want to Leave Charitable Gifts or Complex Legacies

If you have philanthropic goals, want to create a scholarship fund, or hope to pass on property in a specific way (such as through generation-skipping trusts or incentive trusts), you’ll need guidance beyond what a generic will offer.

Sophisticated giving strategies like charitable remainder trusts, donor-advised funds, or family foundations require careful structuring to achieve tax efficiency and fulfill your intent.

An estate planning lawyer ensures these tools are used properly and in accordance with federal and state laws.

8. You Own Out-of-State or Foreign Assets

If you own property or accounts outside your home state or in another country, you’ll need special legal coordination.

Each jurisdiction may have different probate rules, tax structures, or inheritance laws. For example:

• Real estate in another state may trigger ancillary probate proceedings.
• Foreign bank accounts may involve compliance with FATCA (Foreign Account Tax Compliance Act) and other reporting obligations.
• International inheritance may be governed by treaty, local law, or Sharia law, depending on the country.

An estate planning lawyer with cross-border experience can help you integrate these assets into your plan, minimize risk, and ensure proper legal compliance.

9. You’re Concerned About Privacy, Control, or Protection

Maybe you don’t want your financial affairs becoming public after death. Maybe you worry about lawsuits, divorce, or creditors targeting your family’s inheritance. Maybe you want to place conditions on how and when your heirs receive their share.

These are all valid concerns and ones that proper estate planning can address.

Tools like:

• Revocable and irrevocable trusts
• Lifetime gifting strategies
• Spendthrift provisions
• Asset protection trusts

… can give you more control over your legacy and greater security for your loved ones.

Your lawyer helps you determine the appropriate level of structure and oversight, balancing flexibility with protection.

10. Your Current Plan Is Outdated or Incomplete

Having an estate plan is not the same as having the right plan.

If it’s been more than five years since you reviewed your documents or if your plan was created when your kids were still in diapers, it’s time to revisit it.

Warning signs that your current plan may be outdated:

• You’ve moved to a different state
• You’ve remarried or divorced
• One of your beneficiaries has died
• Your net worth has significantly increased
• Your executor, trustee, or guardian is no longer available or appropriate
• Your documents make reference to old laws or tax codes

An estate planning lawyer helps you audit your plan and identify necessary updates before they become problems for your heirs.

11. You’re Unsure What Would Happen If Something Happened to You Today

Here’s a simple test:

If you were in an accident today, would your loved ones know:

• Who should make medical decisions on your behalf?
• Where your legal documents are?
• How to access your accounts and manage your bills?
• Who is responsible for caring for your children or dependents?
• What your funeral or burial wishes are?

If the answer is “no” or “I’m not sure,” that’s your sign.

Estate planning is not just about death it’s about life. It’s about removing doubt. Providing clarity. Preserving dignity.

And there’s no one better equipped to guide you through that process than a seasoned estate planning lawyer.

Real-World Example: One Decision, Two Outcomes

Let me share a real story name changed for privacy.

Two brothers, John and David, inherited a family business. John worked with an estate planning lawyer to create a trust that outlined who would manage the company if something happened to him, how assets would be distributed, and how taxes would be handled.

David did nothing. He believed it was “too early” to plan.

A few years later, David died unexpectedly. His wife and children were forced into probate. There were disputes about ownership, tax liabilities, and succession. The business suffered. Family tensions rose.

John’s plan worked smoothly. David’s absence created chaos.

The difference? One took action. The other waited.

The Responsibility We Carry

Estate planning is not just about law it’s about legacy. It’s about taking personal responsibility for what you’ll leave behind, both in assets and in emotional impact. It’s easy to overlook this responsibility in the day-to-day demands of life. But when you pause to reflect on your family, your values, your work you realize how much rides on the decisions you make today.

Every sign that it’s time to consult an estate planning lawyer is also a sign of growth, of transition, and of opportunity. Whether it’s the birth of a child, the loss of a loved one, or the success of a business, these moments invite us to protect what we’ve built and the people we love.

Failing to plan doesn’t just create legal headaches. It leaves behind questions, doubts, and sometimes, division. Taking the time to meet with an estate planning attorney is more than checking off a task. It’s a statement: that your life matters, your family matters, and your legacy deserves to be preserved with care.

This is not just a legal act. It’s a generational gift one that brings clarity when confusion threatens, and peace where there could otherwise be conflict.

Final Words

There’s no perfect time to create an estate plan. But there is a right time and it’s before it’s too late.

The signs are often clear: a new child, a home purchase, a family illness, the realization that life is unpredictable. These aren’t just milestones. They’re opportunities to take responsibility, to protect what matters most, and to spare your loved one’s unnecessary burden.

An estate planning lawyer is your partner in this process. They’re not there to sell you paperwork. They’re there to listen, to advise, and to help you create a plan that works for you, your family, and your future.

If you see yourself in any of the signs above, don’t wait for a crisis to force your hand. Start the conversation today.

Because the greatest legacy you can leave is peace of mind.

Michael Hackard is the founder of Hackard Law, a leading California firm specializing in estate, trust, and elder financial abuse litigation. With more than 40 years of legal experience, Michael is a trusted voice in protecting families, preserving legacies, and bringing clarity to life’s most difficult transitions.

If you’re ready to protect your legacy and loved ones, Contact Hackard Law today to start your estate planning journey.