The Latest from Susan Katzen

For many families, estate planning begins with familiar questions. Who should receive our assets? Who should be in charge? Who would make decisions if we could not? But when you are planning for a child or loved one with a disability, those questions are only the beginning. A will or trust can...

Your estate plan does not usually stop working all at once. More often, it becomes outdated one small life change at a time. You buy another property. A child gets married. A grandchild is born. Someone you named as trustee moves across the country. A relationship changes. You open a new retire...

Most people think of estate planning as something that matters after death. They sign a will, create a trust, choose a few decision-makers, and feel relieved that the planning is finally finished. But some of the most important moments for an estate plan can happen much sooner. What happens if ...

Divorce changes nearly every part of life. Property is divided, accounts are separated, living arrangements shift, and families begin adjusting to a new reality. Yet once the legal process is complete, one important task is often overlooked: updating the estate plan. Many people assume that a fi...

Learning that you have been named as a beneficiary can bring a mix of emotions. You may feel grateful that someone thought of you, saddened by the loss that led to the inheritance, or uncertain about what happens next. For many people, the first questions are practical. When will you receive the...

Parents often begin a special needs planning meeting with practical questions about trusts, public benefits, guardianship, or the legal documents their family may need. Beneath those questions, however, is usually a much more personal concern: What will happen to my child when I am no longer he...

Every parent worries about what the future holds for their child. For parents of a child with a disability, that concern often lasts a lifetime. It is not simply about providing for today. It is about wondering who will advocate for their loved one, how they will continue receiving quality care,...

"We thought everything would be finished by now." It is one of the most common things families say after losing a loved one. The funeral has taken place. Friends and relatives have returned home. The will has been located, everyone seems to agree on what should happen, and it feels like the har...

No family expects to have all the answers after losing someone they love. In the days following a death, emotions are already running high. There are funeral arrangements to make, family members to notify, and countless details to manage. Then someone asks a simple question: "Where's the will?"...

When parents have a child with special needs, estate planning becomes far more emotional than most people expect. It is no longer simply about dividing assets or deciding who receives the family home. It becomes about protection, caregiving, security, and the fear of what may happen after the par...

“We thought having a trust meant everything was protected.” That is something attorneys at The Law Office of Susan A. Katzen hear far more often than most people realize. A retired couple spends years saving carefully, pays to create a trust, signs all the paperwork, and finally feels relieved ...

The family believed everything had already been taken care of. Years earlier, their father had paid for a trust, signed all the paperwork, and proudly told everyone he had “avoided probate.” The estate planning binder sat neatly on the bookshelf, giving the family peace of mind that things would...

A daughter answered her phone and heard the words no one is ever prepared for. Her father had suffered a stroke. Within hours, she was sitting beside him in a hospital room, trying to process what had happened. He was alive, but he could not speak clearly. He could not sign documents. He could not explain what he wanted. For years, he had handled everything. The bills, the accounts, the decisions. Now, in the moment her family needed clarity the most, they had none. What seemed like it should be simple quickly became complicated. The bank would not speak with her. The mortgage company would not accept her direction. Doctors needed decisions, but no one could confirm who had the legal authority to make them. This is the reality many families face, and it often comes as a surprise. Without a power of attorney, love alone is not enough.

Their parents had worked hard, paid off the house, saved consistently, and reassured everyone for years, “Don’t worry, we handled it.” But when the time came, things began to unravel quickly. The will was outdated. One account still listed an ex-spouse as the beneficiary. No one had the legal authority to step in when a health crisis hit. What should have been a time to grieve turned into confusion, court involvement, and strained relationships. At The Law Office of Susan A. Katzen, this is not an unusual story. It is what happens when important details are overlooked, not because families did not care, but because no one walked them through how all the pieces need to work together. Estate planning mistakes are often quiet. They sit unnoticed for years until the moment your family needs your plan to work. And when it does not, the consequences can be significant.

A parent or grandparent sits down to create or update their estate plan and naturally thinks about the child or grandchild who may need the most support. Maybe that child has a disability. Maybe they rely on government benefits. The instinct is simple and heartfelt: I want to make sure they’re taken care of. So they leave money directly to that child. What many families do not realize is that this well-meaning decision can create serious and immediate problems. In some cases, it can even cause that child to lose critical benefits like Supplemental Security Income (SSI) or Medicaid. At The Law Office of Susan A. Katzen, this is one of the most common and most heartbreaking mistakes I see families make. Not because they did something wrong, but because no one explained the rules to them before it was too late.

Every parent wants to leave something behind for their child. A sense of security. A financial cushion. A way to say, “You’ll be okay, even when I’m not here.” For families with a loved one who has special needs, that intention comes with an added layer of complexity. At The Law Office of Susan A. Katzen, this is one of the most common and important concerns families bring forward. What many people do not realize is that leaving money directly to someone who receives benefits like SSI or Medicaid can unintentionally cause them to lose those benefits. So the real question becomes this: how do you help without creating risk? Understanding the answer can make all the difference.

Most people assume estate planning mistakes are complicated legal failures. They picture technical errors, courtroom battles, or confusing loopholes. That is not what usually happens. At The Law Office of Susan A. Katzen, we see something very different. The biggest problems come from simple oversights. A document that was never created. A beneficiary that was never updated. A decision that was never clearly communicated. And those small gaps are the ones that create the most stress, conflict, and expense for families later. You do not need a complicated estate plan to avoid the biggest mistakes. You need the right documents, the right updates, and the right coordination. Let’s walk through the most common estate planning mistakes and how to avoid them.

A family gathers after losing someone they love. At first, everyone is focused on grieving and supporting one another. Then the questions begin. What happens next? Who is in charge? When will things be distributed? And slowly, tension builds. At The Law Office of Susan A. Katzen, this is something we see more often than families expect. Probate disputes are rarely about greed. More often, they are rooted in confusion, lack of communication, and unmet expectations. The good news is that most of these conflicts can be avoided. With thoughtful planning, the right people in place, and clear communication, families can move through probate with far less stress and far fewer disagreements.

There is something deeply meaningful about being a grandparent. You have watched your family grow. You have worked hard, built a life, and gained wisdom that only comes with time. And for many grandparents, one question naturally follows: How can I make sure my grandchildren are protected and positioned for success long after I am gone? The good news is this. Securing your grandchild’s future does not require extraordinary wealth. It requires thoughtful, coordinated planning. When done correctly, your legacy can provide opportunity, stability, and protection for generations.

If something happened to you tomorrow, would your family know exactly what to do? Many people assume everything would simply fall into place. They trust that a spouse would automatically inherit everything or that the courts would sort things out fairly. But hope is not a strategy. When it comes to protecting your family, assumptions can be costly. More than half of Americans do not have an estate plan. One of the biggest reasons is confusion. People often believe a will and a trust accomplish the same thing. They do not. This distinction becomes even more important if you have a child or loved one with special needs. The wrong structure can unintentionally jeopardize government benefits or create long term financial complications.

Estate planning is often misunderstood as a single document you sign and store away. In reality, it is a coordinated legal framework designed to protect you during your lifetime and protect the people you love after you are gone. In my Newport Beach practice, I work with many families who have children or loved ones with special needs. For them, estate planning is not just important. It is critical. A missing document or poorly structured plan can unintentionally jeopardize government benefits, create court involvement, or leave a vulnerable loved one without proper financial management.

Protecting Your Parents and Your Children at the Same Time. You are scheduling your child’s dentist appointment while coordinating your father’s cardiology visit. You are reviewing college savings plans while quietly wondering whether your mother’s retirement savings will be enough. If that sounds familiar, you are part of what is often called the sandwich generation. You are caring for aging parents while still raising children or supporting adult kids. You are the organizer, the problem solver, the steady one.

One of the biggest fears families share, often quietly, is this simple but heavy question: What happens if I need long-term care and it wipes out everything I worked for? Long-term care planning is not just about aging. It is about protecting independence, dignity, and the financial stability of the people you love. Yet many families delay planning until a health crisis forces decisions to be made quickly. When that happens, options are limited and stress is high. The good news is this. With the right information and proactive planning, it is possible to plan for long-term care without losing everything.

If you have ever found yourself nodding along while someone explained trusts, only to realize later that you were still not entirely sure what they actually meant, you are not alone. Trusts are one of the most common estate planning tools, and they are also some of the most misunderstood. One of the questions families ask most often sounds simple but has significant consequences: What is the difference between a revocable trust and an irrevocable trust, and which one is right for my family? Understanding this distinction matters. These two types of trusts serve very different purposes. Choosing the wrong one, or assuming a trust does something it does not, can lead to frustration, missed opportunities, or unintended consequences down the road.

Estate planning is not just paperwork. It is about protecting the people you love, making sure your wishes are honored, and reducing stress and confusion when life takes an unexpected turn. The attorney you choose plays a major role in whether your plan truly works when your family needs it most. Many families assume that as long as documents are signed, they are protected. Unfortunately, that is not always the case. Not all estate planning experiences are created equal, and the difference often comes down to guidance, education, and long-term support.