Common Legal Myths Working with an Estate Planning Lawyer

By Michael Hackard

In estate law, truth matters. Facts matter. And so does clarity. But when it comes to estate planning, clarity often gets clouded by myths, half-truths, and dangerous misconceptions.

I’ve practiced law for over four decades, and I’ve spent much of that time handling high-stakes estate and trust litigation. One thing I’ve learned along the way: some of the biggest disputes don’t begin in the courtroom. They begin at the dinner table with a false belief about what the law does, or doesn’t, require.

This isn’t just a matter of misunderstanding legal jargon. These myths have real consequences. They lead people to skip planning altogether. Or to rely on DIY solutions that leave gaping holes. Or to trust that their family will “just know” what they meant.

In this article, I’ll walk you through some of the most common legal myths I’ve encountered about working with estate planning lawyers and offer a clear, practical perspective on the truths behind them.

Because when it comes to protecting your legacy and your loved ones, there’s no room for fiction.

Myth 1: “I Don’t Need a Lawyer Everything Will Just Go to My Spouse or Kids Anyway”

This is perhaps the most widespread and the most dangerous myth in estate planning.

While it’s true that most states have intestate succession laws (rules for distributing your assets if you die without a will), these laws don’t always reflect your wishes. And they certainly don’t eliminate the need for proper planning.

The Truth:

In blended families, intestacy laws can lead to your spouse and children inheriting in ways you never intended.
If you die without a will or trust, your estate must go through probate a public, often costly, and time-consuming court process.
If your children are minors, the court not you, decides who becomes their guardian.
Jointly owned property, retirement accounts, or life insurance policies with outdated or incorrect beneficiary designations can bypass your intentions entirely.

The law may provide a default plan. But “default” rarely means “ideal.” A qualified estate planning lawyer helps you create a plan that actually reflects your values and prevents avoidable conflict.

Myth 2: “Estate Planning Is Only for the Wealthy”

This myth is as persistent as it is misguided. Many people believe that unless they have millions in assets, they don’t need an estate plan. They assume estate planning is just about tax shelters and complex trusts.

The Truth:

Estate planning is not about how much you have. It’s about what you want to happen to what you have and who will be in charge when you can’t be.

Even modest estates benefit from planning that:

Avoids probate
Names guardians for children
Authorizes someone to handle your finances if you’re incapacitated
Ensures your healthcare wishes are respected
Prevents unnecessary family disputes

Without these documents, your family may face court involvement, delays, and unexpected costs all during times of grief or stress. Whether your estate is worth $50,000 or $5 million, having a plan in place is a gift to your loved ones.

Myth 3: “A Will Is All I Need”

A will is a foundational estate planning document but it’s rarely sufficient on its own.

The Truth:

A will must go through probate before it has any legal effect. That means delays, court fees, and public exposure of your private affairs.
A will doesn’t cover incapacity. If you become mentally or physically unable to make decisions, your will won’t help.
A will doesn’t automatically control assets like retirement accounts, life insurance policies, or jointly titled property.
A will won’t protect your heirs from creditors, lawsuits, or mismanagement of their inheritance.

A comprehensive estate plan often includes a living trust, durable power of attorney, advance healthcare directive, and other tools, all working together to create continuity, privacy, and protection.

Your estate planning lawyer’s job is to help you determine which combination best fits your life not to rely on one document in isolation.

Myth 4: “If I Create a Trust, I Don’t Need to Do Anything Else”

Living trusts are powerful tools. They allow you to transfer property privately, without probate. But they’re not “set-it-and-forget-it” solutions.

The Truth:

Trusts need to be funded meaning assets must be titled in the name of the trust. Unfunded trusts are worthless.
Trusts should be reviewed and updated regularly, especially after major life changes.
Beneficiary designations on accounts should align with the trust.
Successor trustees must be named and prepared to step in.
Real estate, bank accounts, business interests, and personal property must be transferred properly.

I’ve litigated many cases where people created a beautifully drafted trust but never moved their assets into it. The result? Probate still happened, and the trust became irrelevant.

A competent estate planning attorney won’t just draft your trust. They’ll help you execute it, align it with your financial accounts, and ensure it actually works when it’s needed.

Don’t Let a Living Trust Become a Hidden Liability
Even well-drafted trusts can lead to conflict if they’re not funded, reviewed, or updated properly. For examples of how these gaps trigger litigation and how families can prevent it read “Common Gaps in Living Trusts That Lead to Litigation” which offers practical insights from real cases.

Myth 5: “If I Tell My Family What I Want, That’s Good Enough”

Verbal wishes carry emotional weight, but they don’t carry legal authority. In fact, “he said” or “she told me” disputes are the foundation of countless inheritance lawsuits.

The Truth:

Oral instructions are rarely admissible in court unless tied to a valid legal document.
Family members may have different memories or interpretations of what you said.
Even signed notes or letters may not meet legal standards for a will or trust.
Without proper documentation, the law not your words govern who receives what.

An estate plan isn’t just a formality it’s your last word. And the only way to make sure your voice is heard after you’re gone is to write it down, in legally enforceable terms.

An estate planning lawyer ensures your plan meets your state’s legal requirements and leaves no room for confusion or contest.

Myth 6: “Lawyers Just Want to Sell Me Expensive Documents I Don’t Need”

Skepticism is understandable especially when it comes to legal services. But this myth misunderstands the role of an estate planning attorney.

The Truth:

A good lawyer doesn’t sell documents. They provide strategy.
The “value” lies not in the paper, but in the insight, customization, and protection behind it.
Experienced lawyers often help you avoid unnecessary complexity and costs.
Many attorneys offer flat-fee structures for transparency.
You’re not paying for paperwork you’re paying to avoid future conflict, delay, and expense.

An estate planning lawyer isn’t there to push product. They’re there to listen, to diagnose, and to build a plan that fits you not the other way around.

Myth 7: “Estate Planning Is a One-Time Event”

Many people believe they can draft a will or trust once and never revisit it. But life doesn’t stand still, and neither should your estate plan.

The Truth:

Major life changes (marriage, divorce, birth of a child, death of a beneficiary, major purchases) can all trigger the need to update your plan.
Tax laws change, and what was once a sound strategy may become inefficient or outdated.
Family relationships evolve. So do your priorities.
A plan created 15 years ago may no longer reflect your values or your assets.

Think of estate planning as an ongoing conversation. Your lawyer is your partner in that dialogue, helping you adjust and adapt over time.

It’s not about getting it perfect the first time. It’s about keeping it relevant.

Myth 8: “Probate Isn’t That Bad Why Bother Avoiding It?”

Some people downplay the burdens of probate, believing it’s a simple and fair process. That may be true in some cases, but far from all.

The Truth:

Probate is public. Your will, assets, debts, and beneficiaries all become part of the public record.
It can be slow. In California, for example, probate can take 12–24 months or longer.
It’s expensive. Statutory attorney and executor fees can run into the tens of thousands.
It’s inflexible. Court approval is often required for actions like selling real estate or managing business interests.
It invites conflict. Disgruntled heirs can more easily contest your wishes when the process is open and supervised.

A well-drafted trust avoids most, if not all, of these pitfalls. Your estate planning lawyer doesn’t just draft the trust; they help structure your entire estate to function smoothly and privately.

Myth 9: “Everything Will Be Fine-My Family Will Work It Out”

This may be the most hopeful and most heartbreaking myth of all.

You may have raised good kids. You may trust your spouse. You may believe your siblings would never fight over money.

But grief changes people. So does uncertainty. So does perception of fairness.

The Truth:

Even loving families can be torn apart by confusion, unequal treatment, or perceived injustice.
Ambiguity breeds resentment. Unclear plans invite interpretation.
The lack of planning places an enormous emotional and financial burden on survivors.
Your heirs may be dealing not only with grief but also with creditors, taxes, business management, or caring for minor children.

The best way to preserve family harmony is to make your wishes unmistakably clear. To leave no room for doubt. And to prepare your family with the tools and structure they’ll need to carry out your legacy together.

Real-Life Example: The Price of Believing Myths

Years ago, I handled a case involving three adult children. Their father had passed away with only a simple will, drafted decades earlier. He had remarried but never updated his documents. He told each of his children, at different times, what he “wanted” to happen but never formalized those wishes.

The result?

The will left everything to his new wife.
The children claimed he had promised them the family home.
The stepmother insisted he changed his mind.
The case went to litigation, costing over $100,000 in legal fees.
The family stopped speaking. Holidays were never the same.

This wasn’t a matter of greed. It was a matter of misunderstanding and misplaced trust in myths that planning was unnecessary.

A single consultation with an estate planning lawyer could have prevented it all.

The Cost of Waiting, and the Value of Certainty

One of the most dangerous beliefs about estate planning is the idea that it can wait. That there’s always more time. That someday, when life slows down, we’ll get around to it. But in reality, we don’t control the timing. Life happens on its own schedule, not ours.

And when tragedy strikes without a plan in place, it doesn’t just disrupt, it devastates. Families are left guessing, fighting, or simply struggling to put the pieces back together. That burden doesn’t fall on courts or attorneys. It falls on your loved ones, the people you cared most about.

The responsibility to plan isn’t about paranoia. It’s about stewardship. It’s about recognizing that what you’ve built, whether it’s a business, a home, a legacy of values, deserves protection. And the people you leave behind deserve clarity, not conflict.

The role of an estate planning lawyer is to help bring that clarity. To remove the what-ifs. To translate your voice, your wishes, and your intentions into binding legal reality. So that when you’re no longer here to speak for yourself, your plan speaks for you.

That’s the true power of working with a skilled estate planning attorney: not just crafting documents, but providing certainty where it matters most, your family’s future.

Final Words

In estate planning, myths are more than misunderstandings. They’re landmines. They lull us into complacency, convince us to delay, or lead us to rely on flawed assumptions.

But the law doesn’t deal in myths. It deals in facts. It demands clarity, foresight, and intentionality.

A skilled estate planning lawyer helps you navigate the truths legal, emotional, and practical that shape your family’s future. They dispel confusion. They offer structure. They provide protection.

The most enduring legacy you can leave isn’t just financial, it’s one of peace, clarity, and care.

And it starts not with a myth, but with a conversation.

Michael Hackard is the founder of Hackard Law, a nationally recognized California law firm focused on estate, trust, and elder financial abuse litigation. He is the author of “The Wolf at the Door: Undue Influence and Elder Financial Abuse,” and a trusted voice on legal issues affecting families and legacies.

Myths may be comforting, but they don’t stand up in court—and they don’t protect your loved ones. The truth is, a clear, customized estate plan is one of the greatest gifts you can leave behind. It ensures your intentions are honored, your family is supported, and your legacy is preserved with dignity.

If you’re ready to separate fact from fiction and take the next step in securing your future, contact Hackard Law today.