What Is Estate Planning and Elder Law?
Estate planning is about making decisions now that will guide your care and the management of your property later. It involves more than just deciding who gets what after you’re gone. It covers:
- Wills and trusts to direct how assets are passed down
- Healthcare proxies to decide who makes medical choices if you can’t
- Durable powers of attorney to appoint someone to manage your finances
- Beneficiary designations on accounts and policies
- Long-term care and Medicaid planning to prepare for possible nursing home or assisted living costs
Elder law is closely tied to estate planning, but it focuses more on the issues that often arise as we age, including long-term care costs, guardianships, special needs planning, and protecting vulnerable adults.
Together, these fields give you a way to stay in control of your decisions, protect your family, and avoid unnecessary court involvement.
Common Myths About Estate Planning and Elder Law
I Don’t Need Estate Planning Because I Don’t Have Any Assets
Many people think that unless they own a large home, business, or investment portfolio, they don’t need a plan. In reality, estate planning is about more than money. Consider:
- Who will care for your children if something happens to you?
- Who can make medical decisions if you’re hospitalized?
- What happens to sentimental items, like family photos or heirlooms?
Even modest estates benefit from clear direction. Without a plan, the state steps in, and your wishes may never be considered. Families often discover too late that even “small” estates require legal procedures that could have been avoided with a plan.
My Spouse Is Automatically Allowed to Act for Me in the Event I Become Incapacitated
Marriage does not automatically grant legal authority over healthcare or finances. In Massachusetts, financial institutions and healthcare providers generally require official documents before allowing access. Without a power of attorney or healthcare proxy, your spouse may have to petition the court to become your guardian or conservator.
That court process is public, can take months, and may cost thousands in legal fees. We’ve worked with families where a spouse assumed they could act, only to find themselves locked out of bank accounts and unable to authorize care. Planning ahead with simple documents avoids unnecessary stress at an already difficult time.
My Will Covers Everything Automatically
A will is important, but it doesn’t do as much as people assume. Here’s what a will cannot do:
- Override beneficiary designations on retirement accounts or life insurance policies
- Control jointly owned property that passes automatically to the other owner
- Handle financial or healthcare decisions during your lifetime
Think of a will as one piece of the puzzle. A comprehensive estate plan ensures that your wishes are carried out in all circumstances, not just after your death. For example, if your retirement account names an ex-spouse as the beneficiary, that person will inherit the account regardless of what your will says.
I Can Just Use Online Templates for My Will
Online forms often don’t meet Massachusetts legal standards. They may not include required witness provisions, they may use language not recognized by local courts, and they rarely account for unique family dynamics.
For example, if you have children from a prior marriage, a one-size-fits-all template may unintentionally disinherit them. Or, if you own property in multiple states, the document may not be valid everywhere. What looks simple upfront can cause significant legal headaches later. Families may end up spending far more in probate court fixing mistakes than they would have spent on a custom plan.
Once I Have a Will, I’m Done With Estate Planning
Life doesn’t stand still, and neither should your estate plan. Major life events, such as marriage, divorce, children, grandchildren, or the purchase of a new home, can make an old will obsolete. Tax laws also change over time.
It’s wise to review your plan every three to five years, or sooner if something significant happens. That way, your plan grows and adapts with you. Without updates, your documents may distribute property in ways you no longer intend or fail to account for new family members.
Trusts Are Only for the Rich
This myth keeps many families from exploring helpful tools. Trusts are not just about tax savings. They are practical, flexible, and accessible to everyday families. Some common uses include:
- Avoiding probate, which can save time and money
- Providing for minor children by controlling when and how they receive assets
- Protecting loved ones with special needs without jeopardizing benefits
- Managing assets across multiple generations
For example, a young couple with modest savings might use a trust to hold life insurance proceeds for their children until they reach a responsible age. Trusts can be simple and affordable while offering peace of mind.
I’m Not Wealthy, So I Don’t Need to Worry About Estate Taxes
Massachusetts has one of the lowest estate tax thresholds in the country. As of 2025, estates worth more than $2 million are subject to the state estate tax. With rising home values in Massachusetts, many families find themselves over this limit without realizing it.
Planning ahead with trusts, lifetime gifts, or other estate planning strategies can reduce the impact of estate taxes and preserve more for your loved ones. Waiting until it’s too late often results in avoidable taxes that cut into what your family receives.
My Family Will Just Figure It Out
Leaving everything “to be figured out” can cause years of conflict. Without direction, family members may argue over everything from funeral arrangements to the sale of property. Court proceedings can drag on and deplete estate assets.
By making clear decisions now, you give your loved ones the gift of clarity and reduce the risk of lasting disputes. Families who plan in advance often find that transitions are smoother and less stressful.
Estate Planning Is Only for the Wealthy
Estate planning is really about control and peace of mind. Even if you have modest savings, you can:
- Decide who cares for your children
- Dictate medical treatment preferences
- Prevent unnecessary court involvement
Wealth has little to do with whether you need a plan. Everyone benefits from making their wishes clear.
A Will Avoids Probate
Probate is the process of proving a will in court and overseeing the distribution of assets. Having a will does not bypass this process—it simply provides instructions. Probate can be slow, expensive, and public.
If you want to avoid probate, you may need other tools, such as trusts, joint ownership structures, or beneficiary designations. Planning ahead can help your family skip months of delays and added costs.
All of My Assets Will Immediately Go to My Spouse or Significant Other If I Die Without a Will
Massachusetts intestacy laws determine how property is distributed if you die without a will. While your spouse is an important heir, they may not inherit everything. If you have children, your estate could be split between them and your spouse. If you have no children, other relatives, like surviving parents, may have rights to a portion of your property.
This can leave your spouse with less security than you intended. A will gives you control and avoids this problem.
A Revocable Trust Protects Assets From Creditors
Revocable trusts allow you to retain control over assets. Because you keep control, creditors can still access those assets if you owe money. These trusts are valuable for probate avoidance and management, but they do not serve as asset-protection vehicles. For that, other tools may be needed, such as irrevocable trusts or gifting strategies.
Life Insurance Doesn’t Affect Your Estate Taxes
If you own a life insurance policy at the time of your death, the proceeds may be included in your taxable estate. This can surprise families, especially if the policy is large enough to push the estate over Massachusetts’ tax threshold.
An irrevocable life insurance trust (ILIT) can keep the policy outside your taxable estate, ensuring the full benefit goes to your beneficiaries. Without planning, a well-meaning policy meant to help your family can create unexpected tax burdens.
I’m Too Young for Estate Planning
Young adults often think planning can wait. But unexpected illness or accidents can strike at any age. Even if your assets are modest, you should have:
- A healthcare proxy
- A durable power of attorney
- A basic will
For young parents, estate planning also addresses guardianship decisions for children. Without these, the court, not you, chooses who cares for them. Planning young also builds good habits, making it easier to update your documents as life changes.
It’s Difficult to Change an Estate Plan Once You Set It Up
Estate plans are not carved in stone. Wills can be rewritten. Revocable trusts can be amended or revoked. Beneficiary designations can be changed with a simple form. Flexibility is built into most planning tools.
The bigger challenge is remembering to revisit your plan when your life changes. That’s why regular reviews with an attorney are essential.
Only Seniors Need an Estate Plan
While seniors are often motivated to plan, people of all ages benefit from having documents in place. Young couples, new homeowners, and parents of minor children have just as much at stake. Planning early gives you long-term protection and peace of mind.
Estate Planning Only Matters After Death
Planning is just as important during your lifetime. If you become incapacitated and lack a power of attorney or healthcare proxy, your family may need to petition the court to act on your behalf. This process is stressful and public. Planning ahead ensures decisions can be made quickly and privately.
Once It’s Done, You’re All Set
An estate plan is a living set of documents. Laws change, families grow, and assets shift. Regular reviews every three to five years, or after significant life events, keep your plan effective and relevant.
Why Do These Estate Planning Myths Persist?
If these myths are so misleading, why do they continue to circulate? There are a few common reasons:
- Outdated advice: People often rely on what their parents or grandparents did, even though laws have changed.
- Assumptions about marriage and family: Many assume relationships automatically grant legal rights, which is not the case.
- Overconfidence in DIY solutions: With online forms available, it’s easy to believe planning is simple and one-size-fits-all.
- Discomfort discussing death or incapacity: Avoiding these topics means people never learn the facts until it’s too late.
These myths persist because they feel comforting and simple. The reality is more nuanced, but with proper planning, you can avoid the pitfalls they create.
How an Attorney Can Help Prepare Your Estate
Working with an estate planning attorney ensures your plan reflects Massachusetts law and your unique needs. At Surprenant, Beneski & Nunes, we provide:
- Careful analysis of your family, finances, and goals
- Drafting of customized wills, trusts, and other documents
- Guidance on tax-saving and long-term care strategies
- Ongoing support for updating plans when life changes
We don’t just prepare paperwork. We help you think through the real-life impact of your choices so your family is protected for years to come.
Contact Our Southeastern Massachusetts Estate Planning and Elder Law Attorneys
If you’ve believed any of these myths, you’re not alone. The good news is that you can start planning today. At Surprenant, Beneski & Nunes, we’ve guided families throughout Southeastern Massachusetts with practical advice and legally sound plans.
Call us today to schedule a consultation and take control of your future with confidence.
