Estate planning is often sold as a way to handle death, but its most critical function is actually handling life—specifically, the messy, expensive years of declining health that often precede the end. When families try to save money by using “shortcuts” like adding a child to a deed or downloading a generic Power of Attorney, they are usually trying to avoid probate. Ironically, these shortcuts often create problems far worse than probate, including the loss of Medicaid eligibility, the accidental disinheritance of grandchildren, and massive capital gains tax bills.
In 2026, with the cost of long-term care hitting record highs and tax laws strictly enforcing “basis” rules, a cheap estate plan is a ticking time bomb. What works for a healthy 40-year-old couple can be disastrous for an 80-year-old facing a dementia diagnosis. Here are six estate planning shortcuts that seem clever at the time but tend to backfire spectacularly when a health crisis strikes.
1. The “I Love You” Will (Simple Will)
The most common estate plan is the “Simple Will,” where one spouse leaves everything outright to the other. While this works for young families, it is dangerous for seniors facing long-term care. If the healthy spouse dies first and leaves $500,000 to the “sick” spouse who is in a nursing home, that inheritance instantly disqualifies the sick spouse from Medicaid.
The sick spouse must then “spend down” that entire inheritance on nursing home bills before the state will pay a dime. A better approach is often a Testamentary Trust built into the will, which can leave assets for the surviving spouse’s benefit without technically putting the money in their name, preserving government benefits.
2. Adding a Child to the Deed (Joint Tenancy)
To avoid probate, many parents simply add their adult child to the deed of their house as a “Joint Tenant.” This is perhaps the single most expensive shortcut in modern estate planning.
First, it exposes your home to your child’s financial life. If your child gets divorced, sued, or files for bankruptcy, your house is now a reachable asset for their creditors. Second, it ruins the “Step-Up in Basis.” When a child inherits a house after you die, the tax basis resets to the current value, meaning they pay zero capital gains tax if they sell it immediately. If you add them to the deed while you are alive, they receive your original (low) tax basis on their half. When they sell, they could owe tens of thousands in capital gains taxes that could have been completely avoided by waiting to inherit.
3. The “Internet” Power of Attorney
A generic Power of Attorney (POA) downloaded from the internet usually grants the agent the power to “pay bills” and “manage accounts.” However, it often lacks the specific “Hot Powers” required for Medicaid planning—specifically, the power to make unlimited gifts.
If a parent needs to enter a nursing home and the family wants to protect assets using a “Medicaid Trust” or a transfer strategy, the agent must have the specific legal authority to gift assets out of the parent’s name. Standard POAs often cap gifting at the annual IRS limit (approx. $19,000 in 2026) or forbid it entirely. Without a Statutory Gifts Rider, the family is handcuffed, unable to move assets to protect them from the nursing home spend-down.
4. The “Informal” Special Needs Plan
Parents of a disabled child often try to avoid complexity by leaving a double share of inheritance to a “healthy” sibling, with the verbal instruction to “use this money to take care of your brother.” This relies entirely on the healthy sibling’s solvency and integrity.
If the healthy sibling gets divorced, that money is considered their marital asset and can be split with an ex-spouse. If they die, it goes to their heirs, not the disabled brother. Furthermore, because the disabled child has no legal claim to the funds, they have no protection if the sibling simply decides to keep the money. A Third-Party Special Needs Trust is the only safe way to secure these funds without disqualifying the disabled child from SSI or Medicaid.
5. Relying on a Living Will Instead of a Proxy
A “Living Will” is a document where you check boxes regarding end-of-life machines (e.g., “Do not keep me on a ventilator”). The problem is that medical crises are rarely black and white. A Living Will is a static piece of paper that cannot ask questions or understand nuance.
A Health Care Proxy (or Health Care Power of Attorney) appoints a person to make decisions for you. That person can talk to the doctors, weigh the odds of recovery, and make a decision based on the specific situation. Doctors generally prefer dealing with a human proxy who can give informed consent rather than interpreting a generic checkbox from five years ago.
6. The “Unfunded” Revocable Trust
Millions of Americans pay lawyers to create a Revocable Living Trust to avoid probate, but then fail to do the “homework” of funding it. They sign the trust document but forget to go to the bank and change the name on their accounts from “John Smith” to “The John Smith Trust.”
If your assets are not retitled into the trust, the trust is just an empty bucket. When you die, your family will still have to go through the full probate process to move those “forgotten” assets into the trust. This renders the entire expensive planning process useless.
Do It Right, or Don’t Do It
Estate planning is one area where “something” is not always better than “nothing.” A bad plan can actively strip your family of tax benefits and legal protections that the default laws would have provided.
Did you discover an unfunded trust after a parent passed away? Leave a comment below—tell us how long probate took!
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