Preparing for the Unexpected with an Estate Lawyer

By Michael Hackard

Life often follows a path of routine and predictability until it doesn’t. A sudden illness. An accident. An unexpected death. A family conflict over a loved one’s estate. These events strike without warning and leave many families struggling not only with grief but also with complex legal and financial fallout.

As an estate litigation attorney with decades of experience in high-stakes trust and estate disputes, I’ve seen firsthand how families can unravel when there’s no plan in place. I’ve also witnessed the peace of mind and protection that estate planning can offer when the unexpected occurs.

This article isn’t about fearmongering. It’s about preparation, practical, lawful, and proactive preparation. And it starts with one essential partner: a skilled estate planning lawyer.

Why the Unexpected Is Inevitable

The word “unexpected” may sound ominous. But the reality is that change, uncertainty, and risk are all part of the human condition. Consider just a few scenarios:

A parent dies without a will, and siblings disagree over the distribution of assets.
A business owner becomes incapacitated, and the company is left leaderless.
A child with special needs is unintentionally disqualified from government assistance due to an inheritance.
A second spouse is disinherited due to outdated documents.
A beneficiary faces legal action or creditor claims that threaten their inheritance.

Each of these situations involves not only emotional strain but also potential legal chaos. Yet in each case, a well-drafted estate plan could have prevented or at least mitigated the damage.

The Role of an Estate Planning Lawyer

Estate planning is far more than filling out forms or signing a basic will. It’s a deliberate legal process that requires strategy, foresight, and customization. A competent estate planning attorney serves not just as a document preparer, but as a counselor, problem-solver, and risk manager.

Here’s how that relationship helps you prepare for life’s curveballs.

1. Clarifying Your Goals and Priorities

Most people come into the estate planning process with vague ideas. “I want to avoid probate.” “I want to make sure my kids get everything.” “I don’t want the government to take it all.”

An estate planning lawyer translates these concerns into legal solutions. They ask the right questions: What do you own? Who do you want to protect? Are there any family tensions? Are you concerned about taxes, lawsuits, or asset preservation?

Together, you define clear objectives whether it’s minimizing estate taxes, ensuring a child from a previous marriage is not left out, protecting a vulnerable beneficiary, or setting up a charitable legacy. From there, the attorney structures a plan that turns goals into enforceable outcomes.

2. Creating a Comprehensive Estate Plan

A robust estate plan is not one-size-fits-all. It’s built with layers like a well-insulated home designed to withstand different storms.

Core documents typically include:

Revocable Living Trust: Avoids probate and provides for the management and distribution of assets during incapacity or after death.
Will: Names guardians for minor children and ensures any overlooked assets pour into the trust.
Durable Power of Attorney: Appoints someone to handle finances if you become incapacitated.
Advance Health Care Directive: Designates someone to make medical decisions and outlines your health care preferences.
HIPAA Authorization: Grants access to medical records for chosen individuals.

Each component serves a unique purpose. Without them, loved ones may be forced to go to court to gain control over your finances or health decisions during some of the most stressful moments of their lives.

3. Planning for Incapacity

Death isn’t the only event that demands a plan. Incapacity whether from a stroke, traumatic brain injury, or progressive disease like Alzheimer’s can be even more legally disruptive.

If you lose the ability to make decisions and haven’t authorized someone to act for you, a court may step in through a conservatorship. That process is often expensive, invasive, and time-consuming. Worse, the court may appoint someone you wouldn’t have chosen.

An estate planning lawyer can help you establish powers of attorney and trust provisions that keep control in the hands of trusted family members or professionals without needing court intervention.

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4. Addressing Blended Families and Complex Dynamics

Families are complicated. Second marriages. Estranged children. Unmarried partners. Dependents with addiction, disability, or debt. These complexities are where estate planning can go from essential to absolutely critical.

A lawyer can:

Draft provisions that protect both a surviving spouse and children from a prior marriage.
Establish spendthrift trusts to shield assets from irresponsible beneficiaries or their creditors.
Create special needs trusts that preserve public benefits while providing support.
Document family agreements to prevent disputes later.

Without a carefully crafted plan, state intestacy laws may decide who gets what and they rarely reflect the nuances of modern families.

5. Preparing for Tax Implications and Asset Protection

While most estates fall below the federal estate tax exemption (currently quite high), planning for potential taxation is still wise especially in high-asset or multi-generational estates.

Estate planning attorneys can help:

Use trusts to reduce taxable estates.
Structure gifts strategically during your lifetime.
Implement charitable giving to support causes while reducing tax burdens.
Protect assets from lawsuits, long-term care expenses, or business liabilities.

Even modest estates can benefit from asset protection planning, especially in a litigious society where one accident or lawsuit can wipe out a lifetime’s work.

6. Ensuring Business Continuity

If you’re a business owner, your estate plan isn’t complete without a succession strategy. What happens to the company if you’re hospitalized tomorrow? Who steps in? What if there’s a sudden need to sell, dissolve, or transfer ownership?

An estate planning lawyer can coordinate with business counsel to:

Draft buy-sell agreements.
Appoint successor managers or partners.
Transfer ownership interests into a trust.
Minimize disruptions to employees, clients, and stakeholders.

Without a plan, business assets may be frozen in probate or worse, fall into the hands of someone unprepared or uninterested in carrying on your legacy.

7. Reducing the Risk of Litigation

One of the great ironies I see in my estate litigation practice is that many families go to war precisely because there was no plan or a poorly written one.

Ambiguities in language, unequal distributions, or lack of clarity around intent often lead to suspicion and resentment. Family members may accuse each other of undue influence, financial abuse, or hidden assets.

An experienced estate planning lawyer helps prevent these pitfalls by:

Using clear, enforceable language.
Incorporating “no-contest” clauses where appropriate.
Documenting the client’s mental capacity and intentions.
Structuring the plan to anticipate potential friction points.

The result? A roadmap that is harder to contest and easier to administer.

Real-World Case Study: The Cost of No Plan

Let me share a story with identifying details changed for privacy.

A client came to our firm after his mother passed away unexpectedly. She had remarried late in life but never updated her estate documents. Her home, bank accounts, and investments were jointly titled with her new spouse. There was no trust, no will, no power of attorney.

Her son her only child from a previous marriage was shocked to learn that everything passed to the stepfather automatically. The stepfather had his own children and, within months, transferred the assets into a new trust that excluded the son entirely.

The son was devastated. He initiated litigation, alleging elder financial abuse and lack of capacity. It dragged on for over two years, cost hundreds of thousands in legal fees, and tore apart any remaining ties between the families.

Had the mother worked with an estate planning lawyer after her remarriage, she could have structured her assets in a way that provided for her spouse while also preserving a legacy for her son. Instead, the state’s default rules, and poor communication led to heartbreak and court battles.

Estate Planning Isn’t Just for the Wealthy

A common misconception is that estate planning is only for the rich. The truth is, anyone with assets, loved ones, or health care preferences needs a plan.

If you own a home, have retirement accounts, or want to control who makes decisions on your behalf you need an estate plan. If you care about shielding your loved ones from conflict and confusion, you need an estate plan. If you want your legacy to reflect your values, rather than be dictated by the state, you need an estate plan.

A skilled estate planning lawyer doesn’t just serve the ultra-wealthy. They serve anyone who wants to make thoughtful, intentional decisions about their future.

When to Start (Hint: Sooner Than You Think)

The best time to create an estate plan is before you think you need one. Health can change overnight. Accidents don’t wait for you to finish paperwork. And even young adults especially those with children or property benefit from having documents in place.

Ideally, you should review your plan every few years or after major life events:

Marriage or divorce
Birth or adoption of a child
Death of a loved one
Major asset purchase or sale
Retirement
Diagnosis of illness or disability

An estate planning lawyer becomes your long-term advisor someone who helps you adapt your plan as life unfolds.

Choosing the Right Estate Planning Lawyer

Not all lawyers are created equal. When choosing someone to guide your estate plan, look for:

Specialization: Focus on attorneys who regularly handle estate planning not those who dabble in it.
Experience: Years of practice matter, especially in spotting risks and knowing how to avoid litigation.
Customization: Avoid cookie-cutter plans or online templates. Your situation is unique your plan should be too.
Communication: A good lawyer explains things in plain English, listens to your concerns, and builds trust over time.
Integration: Your estate plan should align with your financial, tax, and business strategies. Look for someone willing to collaborate with your other advisors.

And perhaps most importantly, choose someone who treats your plan as more than a legal exercise but as a way to protect your legacy and your loved ones.

Leaving a Legacy, not a Mess

Estate planning is not simply a financial task it’s an emotional and moral obligation. When you plan well, you give your loved ones a gift far more valuable than money. You give them clarity in a time of confusion. Direction in a moment of grief. Protection in a season of vulnerability.

It’s a common myth that estate planning is only about what happens after you die. But it’s also about how you live with confidence that your affairs are in order, your family won’t be left scrambling, and your values will endure beyond your lifetime.

I’ve spent years cleaning up the aftermath when planning didn’t happen. I’ve watched adult children mourn a parent while sorting through messy finances, guessing at medical wishes, or fighting with siblings over property. I’ve seen families broken by legal ambiguity and healed by legal foresight.

You don’t have to be perfect to prepare you just have to start. A conversation with a trusted estate planning attorney can begin a process that removes burdens from your family’s future and replaces them with strength, stability, and peace.

Planning is a responsibility. But more than that, it’s an act of love.

Leave Certainty, Not Chaos

We can’t control everything in life, but we can prepare. Estate planning is about stewardship. It’s about thinking ahead, being proactive, and making the difficult easy for those we care about most.

A skilled estate planning lawyer doesn’t just help you pass on wealth. They help you pass on wisdom, intention, and peace of mind. They’re your ally in preparing for the unexpected so that whatever comes, your loved ones are protected, your wishes are honored, and your legacy lives on.

If you haven’t started your estate plan or if it’s been years since you’ve reviewed, it now is the time. Don’t wait for the unexpected to remind you how much planning matters.

Michael Hackard is the founder of Hackard Law, a nationally recognized estate and trust litigation firm. He represents clients throughout California in matters involving inheritance disputes, elder financial abuse, undue influence, and trust mismanagement.

Need to create or update your estate plan? Contact Hackard Law Today — Our experienced team can help you prepare with clarity, compassion, and confidence.