Over the years, we’ve seen just how much thought and love people pour into their wills. It makes sense because a will is one of the most personal documents you’ll ever create. It’s your chance to provide for the people you care about and to leave behind a lasting legacy. But here’s the tricky part: sometimes, the very things people include in their wills can end up creating more problems than solutions.
Families have faced probate delays, unexpected tax issues, and even painful disputes simply because of how a will was written. The good news is that these situations can be avoided with a little guidance. To help, here are 10 things you should leave out of your will and what you can do instead.
Leaving money directly to someone with special needs can unintentionally disqualify them from vital government benefits. A better option is creating a Supplemental Needs Trust, which allows them to receive support while keeping their eligibility intact.
Legally, pets are considered property, which means they can’t inherit money. Instead, you can create a pet trust that sets aside funds and instructions for their lifelong care.
Retirement accounts, life insurance policies, and bank accounts with designated beneficiaries don’t pass through your will. Those beneficiary designations override your will, so keeping them updated is key.
If your estate doesn’t have enough to cover a large fixed gift, other heirs may be left with little or nothing. Using percentages is usually a fairer and more flexible approach.
Wills that say things like, “Only if she gets married” or “As long as he never remarries” tend to cause delays and conflict. Simple, unconditional gifts are much easier for everyone involved.
Because a will becomes public once it’s filed with the court, private details like Social Security numbers, account numbers, or passwords should never be included. Keep this information in a separate, secure document.
By the time your will is read, your funeral may already have taken place. Share your wishes with loved ones ahead of time or create a separate document for end-of-life arrangements.
Guns and similar items can only be transferred under specific state and federal rules. A gun trust or other legal tool ensures everything is handled properly.
It’s natural to want to explain your decisions, but including detailed reasons in your will often causes more harm and additional challenges. A simple, neutral statement is usually best.
Passing a business through a will can lead to complications and delays. A trust or a formal succession plan provides a smoother, more private way to ensure your business continues.
Creating a will isn’t just about writing down your wishes. It’s about ensuring that those wishes can be carried out without confusion, disputes, or heartache for the people you love. Knowing what not to include is just as important as deciding what to put in.
If you’re ready to take the guesswork out of your estate plan, we would love to guide you every step of the way. Register for a Workshop
At Bellomo & Associates, one of the biggest surprises we see in families is just how unprepared many older adults are for the reality of long-term care. Its understandable. Most of us want to believe we wont need it, or that Medicare will take care of everything. But the truth is much more complicated. Research shows that about 1 in 7 adults over the age of 65 will eventually need help with daily activities like bathing, dressing, or eating. This kind of support is what we call long-term care. And yet, too many people underestimate their chances of needing it, or assume its something to worry about later. Unfortunately, waiting often leaves families caught off guard when a crisis hits. Common Misconceptions About Long-Term CareRecent surveys show just how unprepared many adults are:Less than half of adults over 50 believe theyll ever need long-term care.Only about one-quarter have named a potential caregiver or put a medical power of attorney in place.Just 11% have purchased long-term care insurance.Nearly two-thirds mistakenly believe that Medicare will pay for permanent nursing home care.That last one is especially concerning. Medicare was never designed to cover long-term custodial care. It may help with short-term skilled nursing care after a hospital stay, but it will not cover permanent nursing home costs. Medicaid, on the other hand, can cover these expensesbut only if you meet very strict income and asset requirements. Without careful planning, families often find themselves needing to spend down what theyve worked so hard to save to qualify. Why Early Planning MattersWaiting until a health crisis forces the issue leaves families scrambling emotionally, legally, and financially. Planning, on the other hand, gives you options and peace of mind. With the right strategies in place, you can:Protect your home and savings from being lost to care costsQualify for Medicaid without last-minute spend down stressPut the right powers of attorney in place so trusted loved ones can step in if neededHave open, guided conversations with your family about your wishes before a crisis occursHow We Can HelpWe understand how difficult it is to picture needing help with daily life after being independent for so long. Thats why we approach long-term care planning with compassion, honesty, and realistic solutions. Whether its reviewing your options for Medicaid eligibility, setting up powers of attorney, or exploring long-term care insurance, well walk beside you every step of the way. Long-term care planning is one of those things that feels easy to put offuntil its too late. The earlier you prepare, the more control youll have over your care, your finances, and your familys future.
Planning with Purpose: How Smith & Mitchell, LLC Helps Littleton Seniors Protect What Matters MostEmpowering Colorado Seniors Through Knowledge and CareIn the heart of Littleton, Colorado, where the South Platte River winds past scenic trails and mountain views, many seniors are focused on living fully traveling, volunteering, and spending time with loved ones. Yet beneath those golden years lies an important question: Have I protected what truly matters?Thats where Smith & Mitchell, LLC steps in. This respected elder law firm helps Littleton seniors and their families prepare for the future with confidence guiding them through legal, financial, and healthcare planning with compassion and clarity.Elder law isnt just about documents its about dignity, says Michelle Smith, attorney and co-founder of Smith & Mitchell, LLC. Our goal is to help families make informed decisions today that protect them tomorrow.Why Elder Law MattersElder law is a specialized field focused on the unique legal needs of older adults from estate planning and long-term care to guardianship and Medicaid eligibility. These issues can be complex, emotional, and deeply personal.Smith & Mitchell, LLC helps clients understand their rights and options, offering personalized legal solutions that bring peace of mind.Their services include:Estate Planning (Wills, Trusts, and Powers of Attorney)Long-Term Care & Medicaid PlanningGuardianship & ConservatorshipAdvance Directives and Healthcare PlanningAsset Protection StrategiesProbate and Estate AdministrationBy focusing exclusively on elder law and related areas, the firm combines legal expertise with a deep understanding of the aging process and the many decisions families must face along the way.A Trusted Legal Partner in LittletonLittleton is home to more than 45,000 residents, with roughly one in five over age 60. The community prides itself on being safe, scenic, and family-oriented a place where generations live close together and neighbors look out for one another.Smith & Mitchell, LLC reflects that same sense of care. Located conveniently near Downtown Littleton and major roadways, the firm serves clients not only in Littleton but throughout the South Denver metro area, including Highlands Ranch, Englewood, and Centennial.Their attorneys are active in the community volunteering with local nonprofits, speaking at senior centers, and offering educational workshops at the Bemis Public Library and Arapahoe County Senior Services. This community connection strengthens the firms ability to serve clients with empathy and local insight.Estate Planning with Clarity and CompassionFor many families, estate planning feels daunting. Conversations about wills, trusts, and end-of-life wishes can stir emotion and uncertainty. Smith & Mitchell, LLC believes these discussions should be empowering, not overwhelming.Their team takes a step-by-step approach explaining every option in plain language and tailoring each plan to meet personal goals and family dynamics.Whether a client wants to ensure a smooth transfer of property, protect assets for long-term care, or establish a medical power of attorney, the firm provides the guidance needed to make those decisions confidently.We want every client to walk away understanding exactly how their plan works, says Michelle Smith. When you know your wishes are in writing and your loved ones are protected, thats when real peace of mind begins.Planning for Long-Term CareOne of the biggest challenges facing Colorado seniors is the rising cost of long-term care. Nursing home expenses can exceed $8,000 per month, and without proper planning, those costs can quickly deplete a familys savings.Smith & Mitchell, LLC helps families navigate this reality through Medicaid and asset protection planning. Their attorneys understand the fine details of Colorados Medicaid eligibility rules and can design strategies to preserve assets while securing needed care.This often includes:Structuring trusts to protect the family home or savingsPlanning in advance to avoid costly spend-downsHelping families understand their rights when applying for benefitsThese services are not just financial they are deeply personal, ensuring that seniors can receive quality care without sacrificing a lifetime of hard work.Guardianship and AdvocacyWhen a loved one can no longer make decisions independently, families may need to pursue guardianship or conservatorship. These situations are often emotional, requiring both legal precision and compassion.Smith & Mitchell, LLC helps families navigate these processes with care ensuring the best interests of the senior remain at the forefront. Their team also provides ongoing legal counsel for guardians, ensuring they understand their duties and can fulfill them with confidence and compliance.Education and Empowerment for FamiliesBeyond the legal documents and court filings, Smith & Mitchell, LLC is passionate about education. They believe that informed families make stronger decisions and that prevention is the best form of protection.The firm regularly hosts free educational workshops across the South Denver area, teaching topics like:Five Legal Documents Every Senior Should HaveProtecting Assets from Long-Term Care CostsUnderstanding Probate in ColoradoThese sessions empower seniors and adult children to ask questions, clarify misconceptions, and start important conversations before a crisis occurs.A Personalized, Hands-On ApproachWhat truly sets Smith & Mitchell, LLC apart is their client-centered philosophy. Unlike large firms that treat clients as case numbers, they take the time to build relationships.From the first consultation, clients receive direct attention from an attorney not a paralegal or assistant ensuring every concern is heard and addressed. The firms office environment is warm and welcoming, designed to put families at ease.We see ourselves as guides, explains Michelle Smith. The legal system can feel intimidating, but with the right support, it becomes manageable. Our role is to provide clarity and compassion every step of the way.Why Families Choose Smith & Mitchell, LLCClients throughout Littleton and the greater Denver area trust Smith & Mitchell, LLC for their:Specialized elder law expertise with years of focused experienceClear communication every question answered, every step explainedTailored strategies that reflect each clients life, not a generic templateLocal involvement and commitment to the Littleton communityIntegrity and compassion that make clients feel like familyFor seniors facing life transitions or adult children helping parents plan ahead Smith & Mitchell, LLC provides a steady, trustworthy hand.Looking Ahead with ConfidenceAging is part of lifes natural journey, and with the right planning, it can be a time of security, gratitude, and peace. At Smith & Mitchell, LLC, the mission is simple: to help Colorado seniors protect their rights, preserve their assets, and plan their futures with dignity.We dont just prepare legal documents, says Michelle Smith. We help people prepare for life with wisdom, care, and confidence.If you or a loved one are seeking trusted elder law guidance in Littleton, youll find it at Smith & Mitchell, LLC where planning for tomorrow begins with care today.FAQs About Smith & Mitchell, LLC1. What areas of law do you specialize in?Smith & Mitchell, LLC focuses on elder law, estate planning, Medicaid planning, and probate services for Colorado seniors and families.2. Do you offer free consultations?Yes, the firm provides initial consultations to discuss your needs and outline possible next steps.3. What makes your firm different from others in the area?Our attorneys focus exclusively on elder law, combining legal expertise with genuine compassion and community involvement.4. Can you help with Medicaid eligibility and asset protection?Absolutely we assist families in creating legal strategies to qualify for care benefits while preserving assets.5. How can I schedule an appointment?Visit their Seniors Blue Book listing to learn more or schedule a consultation with Smith & Mitchell, LLC.
As an elder law attorney, I have witnessed firsthand how the COVID-19 pandemic has altered the way families approach long-term care and the importance of planning. While estate planning has always been a critical tool for protecting assets and honoring personal wishes, todays families must think beyond traditional documents. Thats where life care planning comes ina holistic, care-focused approach that combines legal protection with ongoing support for the challenges of aging.In this article, we will explore what Life Care Planning is, why its more important than ever in our post-pandemic world, and how families can benefit from working with a law firm that integrates legal services with compassionate care advocacy.What Is Life Care Planning?Life care planning is a comprehensive approach to elder law. Instead of focusing only on wills, trusts, and powers of attorney, life care planning looks at the entire aging journey. It addresses legal, financial, medical, and personal care needs in a unified way.A key feature of life care planning is the role of the client care advocate. This professionaloften a licensed social worker or nursehelps families navigate the healthcare system and ensure that loved ones receive quality care. Bellomo & Associates is proud to have Meg Motter, LCSW, CDP, on our team as our client care advocate. Meg works closely with families every day to provide answers and guidance during some of the most challenging times of their lives.Why Life Care Planning Matters More After the PandemicThe pandemic was a wake-up call for many families. It revealed just how vulnerable seniors can be in times of crisis and how quickly circumstances can change. Nursing home lockdowns and hospital restrictions left many families struggling to advocate for loved ones from a distance. In many cases, people realized too late that they lacked the information, documents, or resources needed to respond effectively.The pandemic highlighted several truths:A crisis can strike at any time. Families must be prepared not only financially but also emotionally and logistically.Advocacy is essential. Having a knowledgeable professional like a client care advocate ensures that families know their options and have someone to guide them through complicated healthcare and long-term care systems.Care planning cannot wait. Delaying important conversations and legal planning often results in fewer choices and higher costs.Life care planning directly addresses these challenges by offering both legal protection and ongoing care advocacy.The Benefits of Life Care PlanningLife care planning provides peace of mind by combining estate planning with real-world support. Families benefit in several key ways:Holistic Approach: Legal planning is integrated with healthcare and caregiving support.Professional Advocacy: A client care advocate helps coordinate care, evaluate facilities, and connect families with trusted resources.Proactive Problem-Solving: Instead of waiting for a crisis, life care planning prepares families for every stage of aging.Asset Protection: Legal strategies ensure that resources are preserved to provide the best possible care.Reduced Family Conflict: With clear guidance and professional support, families can make decisions with less stress and fewer disagreements.The Role of a Client Care AdvocateAt the heart of life care planning is the client care advocate. Families often find themselves overwhelmed with questions about healthcare and caregiving. The client care advocate bridges the gap between legal planning and day-to-day support.For example, families may need help with:Understanding options for in-home care, assisted living, or nursing facilities.Navigating Medicaid and Medicare rules.Assessing the quality of care provided by facilities.Coordinating medical services and long-term care providers.Providing emotional support during difficult transitions.Having this expertise under one roof makes life care planning uniquely valuable. At our firm, Meg Motter plays this role daily, reassuring families that they are not alone.Why Traditional Estate Planning Is Not EnoughWhile wills, trusts, and powers of attorney remain essential, they do not address the practical realities of caregiving. For example:A power of attorney can authorize someone to act, but it does not tell families what care choices to make.A will distributes assets after death but offers no guidance for how to manage care during life.A trust may protect resources, but it does not connect families with the services they need right now.Life care planning fills these gaps by combining legal tools with ongoing care advocacy.Lessons Learned from the PandemicDuring the pandemic, our firm saw firsthand how critical life care planning is. Families were calling daily with urgent questions:How do I get my mom the care she needs if I cant visit her facility?What are my rights if the hospital wont let me in to see my spouse?What happens if my loved one needs immediate placement in a nursing home?Without a care advocate, these questions often went unansweredor answers came too late. Having Meg on our team ensured that families had someone who could respond immediately with reliable information and help in making important decisions.Taking the First StepIf you have not yet considered life care planning for yourself or a loved one, now is the time. Here are some steps you can take:Have open conversations with your family about care preferences and what if scenarios.Consult with an elder law attorney who offers life care planning services.Attend an educational workshop to learn more about how life care planning works.Meet the Client Care Advocate to understand how they can support your family.Our firm hosts monthly life care planning workshops at our York and Lancaster offices. These sessions are an excellent way to explore whether this approach is right for your family.Schedule Your Consultation With Bellomo & AssociatesWhile the COVID-19 pandemic was a difficult time for many of us, it also put a spotlight on the importance of long-term care planning. The reality is that preparation cannot be put off. Life care planning provides families with a roadmap to navigate the aging journey while protecting assets and ensuring loved ones receive quality care.If you would like to learn more about our life care planning services and meet our client care advocate, Meg Motter, LCSW, CDP, we invite you to attend one of our upcoming workshops. And if youre ready to start life care planning now, schedule your consultation with our elder law attorneys today. Were ready to provide you with the guidance and assistance you need to secure reliable elder care services in the future.