When a "Completed" Estate Plan Isn't Really Complete
She walked into our office with a binder in her hands.
"I think I'm all set," she said. "I just need you to review this."
Her husband had recently passed away. Like so many couples, they had tried to do the right thing while he was alive. Get their affairs in order, avoid probate, make things easier on each other and their children. They attended a seminar put on by a local representative, were guided through an online system, and paid $2,300 for what they believed was a complete estate plan.
On the surface, it looked official. There was a trust, supporting documents, and detailed provisions. It gave her comfort during a very difficult time.
But as we began reviewing everything together, a different picture started to emerge.
The documents were governed by another state's law, not Delaware. Certain provisions didn't align with how things work here. Some of the required signing formalities and execution details were incomplete. Most importantly, the trust, the centerpiece of the entire plan, was never actually funded. The assets were never retitled. Nothing had been connected.
In other words, the plan that was supposed to avoid complications wasn't going to work as intended.
That's a hard conversation to have with someone who is grieving. She had done what she thought was right. She had trusted the process. And now, instead of having peace of mind, she was facing uncertainty and the reality that she would need to start over.
This is not an uncommon story.
We regularly meet individuals and families who have been encouraged to use online, out-of-state, or one-size-fits-all estate planning tools. These systems can look polished and comprehensive, but they often miss the details that matter most: state-specific laws, proper execution, and, critically, funding the trust so it actually controls the assets.
Estate planning is not just about creating documents. It's about making sure those documents work when they're needed most.
For this client, we're now rebuilding her plan the right way, tailored to Delaware law, aligned with her goals, and fully implemented so that her assets are properly titled and coordinated. It's a second step she didn't expect to take, especially after already investing time, money, and trust in the first process.
If there's one takeaway, it's this: A plan that looks complete isn't always a plan that works.
If you've created documents online or through a seminar, it's worth having them reviewed. Not to criticize, but to make sure everything is actually in place to protect you and your family.
Because when the time comes, it's not about the binder. It's about whether the plan does what it's supposed to do.