Estate planning is one of those tasks that feels easy to put off — until it’s too late. Many people believe they have “plenty of time” to get their affairs in order. But when it comes to creating a will or revocable trust, timing is everything.
As Sabrina Winters, Estate Planning and Probate Attorney in Charlotte, North Carolina, often says:
“The best time to do your estate plan was yesterday. The next best time is today.”
In this article, we’ll break down when it’s truly too late to create your own estate plan, why legal capacity matters, and how waiting can leave your loved ones unprotected.
The Obvious Answer……. After You Pass Away
It goes without saying, once a person has passed away, they can no longer create or update their will or trust. At that point, the courts and state laws will determine how assets are distributed, which can lead to delays, expenses, and unintended outcomes.
But there’s another critical moment when it becomes too late.
The Often-Overlooked Answer: Loss of Legal Capacity
While most people think of estate planning as something to do “later,” many don’t realize that legal capacity is a key requirement.
What Is Legal Capacity?
In simple terms, legal capacity means you:
- Know who you are.
- Understand what you own (your assets).
- Recognize your family relationships.
It’s fairly basic knowledge, but in moments of crisis, after a stroke, due to advanced dementia, or following a serious accident, these foundational abilities can be lost.
Why Capacity Matters in Estate Planning
Without legal capacity, you cannot:
- Create a will.
- Establish a revocable trust.
- Make changes to existing documents.
An estate planning attorney has a duty to ensure that a client has capacity. During consultations, attorneys will ask thoughtful questions and guide conversations to confirm that the client understands what they’re doing. This is not just a formality—it’s a critical part of the process.
Waiting Until It’s Too Late
Consider this scenario:
A woman in her late 70s delays creating a will, thinking she has time. After a sudden medical event, she loses the ability to recognize her family members. Legally, she is now incapacitated. Unfortunately, it’s too late to create a will or trust. Her family faces a lengthy probate process, with no clear instructions on her wishes.
Why You Shouldn’t Wait
Creating a will or trust is not just for the elderly or wealthy. Life is unpredictable, and planning ahead is an act of love and protection for your family.
Top Reasons to Act Now:
- Avoid court-appointed guardians or decisions.
- Ensure your wishes are honored.
- Protect minor children and vulnerable family members.
- Minimize family disputes and legal challenges.
- Save your loved ones time, money, and stress.
Take Control of Your Legacy Today
If you haven’t created your estate plan yet, don’t wait for a crisis. The process is more straightforward than you might think, and professional guidance makes it even easier.
👉 Schedule a consultation today at sabrinawinterslaw.com.
Our team is here to guide you with care, clarity, and compassion.
🕒 Remember: Tomorrow is not promised. Plan today.