When the Standard Plan
Doesn't Cut It

Estate plans miss a known special situation

Generic estate plans get written by attorneys who don't ask the right questions. The most common misses: blended families, business owners, and out-of-state real estate.

Second marriages, stepchildren, kids from prior relationships. Without a trust, your assets may pass entirely to your current spouse — and then to THEIR kids when they pass, accidentally disinheriting your own children. A QTIP trust or similar can solve this cleanly.

What happens to your business if you become incapacitated or die unexpectedly? Without a succession plan + buy-sell agreement, your family may end up running a business they don't understand — or losing it to forced sale at a discount.

Leaving assets outright to a disabled child can disqualify them from Medicaid and SSI for life. A Special Needs Trust holds assets for their benefit while preserving means-tested benefits.

Real property in another state triggers "ancillary probate" — a separate probate proceeding in that state, on top of your home-state probate. A trust holding the property avoids it entirely.

If giving to charity matters to you, the wrong structure can cost you (and the charity) significant tax benefits. CRTs, CLTs, and donor-advised funds offer different trade-offs depending on whether you want lifetime income, immediate deduction, or both.

Active lawsuit. Active addiction. Active divorce. Bankruptcy. Inheriting outright in any of these situations means creditors, spouses, or addiction take some or all of it. A spendthrift trust or asset-protection structure protects the inheritance.