Why Skipping an Estate Plan Could Cost Your Family Twice
- Jul 22
- 6 min read
Lynita Mitchell-Blackwell, Esq., CPA, is well-known in estate planning and legacy wealth strategy. She is a 2026 Georgia Super Lawyer®, 7x Bestselling Author, founder of The Legacy Light Path™ and Sacred Self-Leadership Movement, and author of Prioritize You: A Survivor's Guide to Loving Yourself Back to Life.
Most people assume that not having an estate plan simply means their family will “figure it out” when the time comes. But as an estate planning attorney, I can tell you the hard truth: doing nothing is not a neutral choice. It is a costly one, and in many cases, your family could end up paying the price not once, but twice.
What is probate and why does it matter?
Probate is the court-supervised legal process through which a deceased person’s assets are identified, debts are settled, and the remaining property is distributed to beneficiaries or heirs. It sounds straightforward, but in practice, probate can be time-consuming, expensive, emotionally draining, and often public.
In Georgia, probate expenses may include court costs, attorney fees, personal representative compensation, appraisal fees, bond premiums, and other administrative costs. The amount varies depending on the estate, the assets involved, the work required, and whether disputes arise.
These costs can add up quickly. According to the American Bar Association, probate expenses vary significantly between states and individual estates, making broad percentage estimates difficult to apply universally.
That is only one side of the problem. Families may face even greater costs when a loved one loses the capacity to make decisions before passing away, creating what I call the double probate problem.
The double probate problem: Paying twice for what one plan could have prevented
Here is a scenario I see far too often in my practice. A parent becomes ill and loses the ability to manage their own finances and medical decisions. Their adult children want to help by paying bills, accessing accounts, and making healthcare decisions. However, without a properly executed financial power of attorney and advance directive for health care, they may lack the legal authority to take these actions.
So, what happens next? The family may need to petition the probate court for guardianship, conservatorship, or both. These are formal legal processes that can grant someone the authority to make personal or financial decisions on behalf of an incapacitated adult.
In Georgia, these proceedings are administered by the probate court and can involve attorney fees, court costs, professional evaluations, bond premiums, and ongoing reporting requirements. They also take time, which families rarely have when a loved one is in crisis.
Now, here is where it can become even more costly. A guardianship terminates when the person passes away, while a conservator may still have responsibilities related to accounting for and transferring the person’s property. The family may then need to begin a separate probate process to administer assets that remain in the deceased person’s estate.
Two court processes. Two sets of legal expenses. Two periods of emotional exhaustion, all while grieving. Much of this may be avoidable or reduced through a properly designed estate plan.
The system is set up so that you will pay one way or another
I tell my clients this plainly: the system is set up so that you will pay. The only question is whether you pay on the front end for a thoughtful plan or whether your family pays on the back end through fees, delays, and heartbreak.
Depending on your circumstances, a comprehensive estate plan may include a will, a revocable living trust, financial powers of attorney, and an advance directive for health care. The initial investment in appropriate planning can reduce future legal expenses and help properly titled assets avoid probate.
It can also give your family the gift of time, allowing them to grieve without simultaneously navigating an unfamiliar court system.
According to an AARP study on probate costs, probate consumes an average of 5% to 10% of an estate’s total value, and in some cases, attorneys’ fees alone can exceed 20%. On a moderate estate of $500,000, that means your family could lose $25,000 to $50,000 to the probate process before a single dollar reaches their hands. That figure does not account for the emotional toll or the family conflict that often accompanies a contested or unclear estate.
That figure does not account for the emotional toll or the family conflict that can accompany a contested or unclear estate.
What to do right now: Four steps to protect your family
You do not have to have everything figured out before you take action. Here are four steps you can begin today:
1. Write your wishes down
Be as detailed as possible. What do you own? Who do you want to receive it? What are your wishes if you become incapacitated?
Do not worry about making it legally perfect. That is what your attorney is for. The goal right now is to get your intentions out of your head and onto paper. Your attorney can take that information and translate it into legally enforceable documents.
2. Identify the people you trust
Estate planning is not just about documents. It is about people. You will need to identify individuals you trust to serve in key roles, including:
Executor of your will, the person who administers your estate after death
Trustee of your trust, the person who manages trust assets on behalf of your beneficiaries
Agent under your financial power of attorney, the person who manages your finances if you are incapacitated
Healthcare agent under your advance directive, the person who makes healthcare decisions on your behalf
Guardian for your minor children, if applicable
Beneficiaries of your life insurance policies and financial accounts
Have honest conversations with these individuals before naming them. The people who love you most should not be surprised by the responsibility you are entrusting to them.
3. Hire a trusted estate planning attorney
Not all estate plans are created equal, and unfortunately, not every attorney provides the same level of estate planning experience.
I say this not to alarm you, but because I have reviewed estate plans, including some from within my professional network, that contained serious errors. These included missing signatures, absent witness information, unfunded trusts, and incomplete beneficiary designations. The documents looked complete on the surface but could have been challenged or failed to work as intended.
What makes an attorney trustworthy? Look for referrals from people you respect, demonstrated experience in estate planning specifically, and an attorney who takes the time to explain, not just execute. The Georgia State Bar and Georgia Association of Black Women Attorneys’ attorney directories are reliable starting points for finding licensed professionals in your area.
4. Review your documents and make sure you understand them
One of the nonnegotiable practices in my firm is reviewing every draft document with my clients in full, page by page and in plain language, before anything is signed. We make changes in real time. Only when my client is completely satisfied do we schedule the signing ceremony.
Documents are only as powerful as the understanding and preparation behind them. If you do not understand what you have signed, those documents may not serve you or the people you love as intended.
The investment you make in your estate plan is too significant, and the stakes are too high, for anything less than full clarity.
This is not about fear, it is about love
I want to be clear: this article is not meant to frighten you. It is meant to inform you and remind you that estate planning is one of the most profound acts of love you can offer the people who matter most to you.
When you put a plan in place, you are not just protecting your assets. You are protecting your family from having to make impossible decisions during some of the most difficult moments of their lives. You are giving them the gift of clarity, the comfort of your expressed wishes, and the peace of knowing you thought ahead.
And yes, many people do not think about these things until the worst has happened. But you are reading this article. That means you have an opportunity to be different, to take action now, while you still can, so that your legacy says exactly what you intended.
Do not leave your legacy to chance
Your family deserves better than having default state law and a court-supervised process determine how your probate assets are handled. A comprehensive estate plan is not a luxury. It is one of the most responsible financial decisions you will ever make.
If you are ready to protect your loved ones, preserve your assets, and leave a legacy infused with peace rather than chaos, I invite you to take the next step. Schedule a consultation with a qualified estate planning attorney today and give your family the gift they did not know they needed.
Your legacy is already being written. Let’s make sure it says exactly what you intend.
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Read more from Lynita Mitchell-Blackwell
Lynita Mitchell-Blackwell, Estate Planning Attorney and Wealth Strategist
Lynita Mitchell-Blackwell, Esq., CPA is a 2026 Georgia Super Lawyer® and leading authority in estate planning and legacy wealth strategy. As the founder of The Legacy Light Path™, she has dedicated her practice to helping high-achieving professionals protect what they've built and create a legacy that outlasts them. A 7x Bestselling Author, ordained minister, and certified life coach, Lynita brings a rare combination of legal expertise, financial acumen, and purpose-driven coaching to every client she serves. She is the creator of the Sacred Self-Leadership Movement and author of Prioritize You: A Survivor's Guide to Loving Yourself Back to Life. Her mission: Protection, preservation, and peace, for every legacy she touches.
