Why families keep putting off their estate plans (and why you shouldn't)

As an estate planning attorney serving families across Idaho, I've heard every reason in the book for why people delay creating their estate plans. "I'm too young," "I don't have enough assets," "It's too complicated," or simply "I'll get to it next year." Sound familiar? 

You're not alone. Some studies show that nearly 70% of Americans don't have a will, and even fewer have comprehensive estate plans. But understanding why we procrastinate can help us overcome these mental barriers and finally protect what matters most. 

The Psychology Behind Estate Planning Procrastination 

It Forces Us to Face Mortality. Let's be honest — estate planning makes us confront uncomfortable truths about death and incapacity. It's human nature to avoid thinking about our own mortality. We tell ourselves we have plenty of time, especially when we're healthy and life is going well. But unexpected events don't follow our timelines. 

It Feels Overwhelming. The estate planning process can seem daunting, especially if you don't understand the terminology or options available. Trusts, probate, power of attorney, guardianship — it's a lot to digest. Many people assume it's more complicated and expensive than it actually is, so they put it off indefinitely. 

We Underestimate Our Assets. "I don't have enough to worry about estate planning" is one of the most common misconceptions I encounter. Your estate isn't just your bank account — it includes your home, retirement accounts, life insurance, personal belongings, and even your digital assets. If you're married with children in Idaho, you likely have more to protect than you realize. But beyond all that, for small to moderate-sized estates, often planning is even more important since there is less of a “buffer” available to pay to address issues after a death or an incapacity than there is among those who are wealthy.  

Decision Paralysis. Estate planning requires making important decisions about guardianship for minor children, healthcare directives, and asset distribution. The weight of these choices can be paralyzing. What if you make the wrong decision? What if circumstances change? This fear of making imperfect choices often prevents people from making any choices at all. 

The "Someday" Trap. We treat estate planning like organizing the garage or cleaning out closets — something we'll definitely do "someday" when we have more time, money, or clarity. But unlike those household chores, the consequences of procrastinating on estate planning can be devastating for us or our loved ones. 

The Real Cost of Waiting 

While you're procrastinating, life continues to happen. Without proper planning: 

• Your minor children could end up in costly guardianship proceedings and may be raised by someone you would not have chosen  

• Your assets may go through probate court proceedings, which in Idaho can take months or in the worst cases, even years 

• Your family may face unnecessary taxes and legal fees 

• Medical decisions could be left to strangers if you become incapacitated 

• Your spouse or children might not have immediate access to funds they need 

I've seen families torn apart by preventable disputes and struggling financially while waiting for probate to resolve. These situations are heartbreaking because they're almost always avoidable.  

Breaking Through the Barriers 

Focus on Your "Why" instead of dwelling on the uncomfortable aspects, focus on why estate planning matters to you. Are you protecting your children's future? Ensuring your spouse is taken care of? Leaving a legacy for your grandchildren? Keep that motivation front and center. 

Get Professional Guidance working with an experienced Idaho estate planning attorney eliminates much of the overwhelm. We'll explain your options in plain English, help you make informed decisions, and handle the legal complexities so you don't have to. 

Remember: You Can Adjust as You Go. Your estate plan can almost always be modified over time to accommodate changes in circumstances or changes in your wishes. Families grow, loved ones die, laws and finances change. You can address such things with amendments when necessary.  

Take Action Today 

Don't let another year pass while you or your family remains vulnerable. The peace of mind that comes from having a proper estate plan in place is worth far more than the temporary discomfort of facing these important decisions. 

Your future self — and your family — will thank you for taking action today. 

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning adult guardianships, probates, and creating or reviewing estate planning documents.   

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.