Have you ever put yourself in a very difficult situation, one that was entirely avoidable, and then regretted it?

Those who neglect getting their affairs in order place both themselves and their loved ones in unnecessary jeopardy.

They risk putting themselves and their family either through the stress and uncertainty of deathbed estate planning, or worse yet, if nothing gets done, making their family suffer the consequences.

What are the risks?

They vary, but usually include one or more of the following issues: You die “intestate” (i.e., without a will); your estate is probated; your assets are distributed incorrectly (i.e., either to the wrong person(s) or in the wrong way); your estate goes to persons who should not inherit anything – such as persons who receive needs-based government benefits, who have debt problems, or who have other obstacles; and your estate is administered by the wrong person who does not do right by your family.

Deathbed estate planning is best avoided. Everything must be completed in a rush under great stress and uncertainty.

Let’s consider some real life scenarios.

Imagine a lady who is about to have surgery, but puts off finalizing estate planning documents because she understands that the surgery is a minor operation with little risk. Unexpectedly, complications arose due to infections, and the lady becomes comatose, does not recover, and dies.

Unfortunately the lady’s surviving husband, who was already in fragile health, takes a turn for the worse and he becomes unable to get the couple’s affairs in order due to his own diminished mental capacity.

The couple’s surviving children battle one another over control of their parents’ estate. A court supervised conservatorship becomes necessary to control the situation.

Now imagine someone with end-stage cancer about to undergo chemotherapy who delays finalizing her estate planning. During chemotherapy her health deteriorates dramatically, she loses consciousness, and is expected to live only a few more days.

Fortunately, her son has a well-drafted power of attorney giving him complete estate planning and gifting authority to get her affairs in order before she died.

He has her attorney draft all necessary gifting documents to transfer assets to the children without probate. The mother is kept alive another 24 hours to ensure that the work is completed before she dies.

Next, picture a gentleman dying of cancer in his bed without his affairs in order. He asks a close friend to find an attorney. When they meet he initially finds it uncomfortable to trust the attorney who asks him many questions.

He decides many issues all in one setting so that legal documents can be prepared the next day. Then with much effort and concentration he signs them on the third day. A few days later he dies.

Nonetheless people still choose to delay. Common reasons include: fear of dying – some people avoid estate planning because it makes them consider their mortality; procrastination – some people believe, “I always have tomorrow, why act now”; laziness – some people are not willing to gather the necessary information and documents; not necessary – some people think, “I won’t be around after I die, others can sort out my mess”; indecision – some people just cannot decide who gets what; costs – some say, “I don’t want to spend the money because I have other more immediate wants and needs.”

As the expression goes, “people don’t plan to fail, they just fail to plan.”

Neglecting one’s estate planning is failing to plan for the protection of oneself and one’s family. It is best done during times of ease rather than at the last moment in times of stress. One’s last days should not be preoccupied with estate planning.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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