Episode 23: Zombie Estates – Avoiding the Pitfalls of DIY Estate Planning

Estate Planning Lawyer, Peter Klenk

Avoiding the Pitfalls of DIY Estate Planning

Hello, everybody. It’s Peter Klenk. Once again, we’re together to talk about death and taxes. Fun, interesting stuff, right? The thing you really want to talk about in the morning with your cup of coffee. Well, you know, let’s have some fun.

So, what’s the subject today? Zombie estates—avoiding these pitfalls in do-it-yourself estate planning that we see all the time. It might sound like, “Oh, well, he’s just saying I shouldn’t do my will.” And of course, I am—that’s what I do for a living. But I’m telling you from experience, at our firm, we are divided into three different departments.

We have estate planning, which is what I do and what we’re talking about. We have probate, where people handle estates and trusts after someone passes away, tying things up. Then we have litigation—the folks who go to court. And I’m letting you know, the litigation department loves people who do things on their own.

And I’ll tell you why. It’s just easy to screw something up. You don’t know this stuff. People wing it, grab things off the internet that just aren’t true, and then bad things happen. Then what happens? The litigation department has to go to court, sort it out, and everybody’s mad. Nobody talks to each other, and they’re spending loads of money.

The idea is to try to avoid all that. I like my litigation department to be busy, but our conversation today is about how to avoid that sort of conflict.

I jokingly call it zombie estates, but I can’t tell you how often I get calls from people saying, “Hey, my brother has been in charge of the estate for—” I think the longest I’ve heard was 25 years. Isn’t that a little bit long? Of course, it is! Usually, an estate takes about a year, and even then, there should be specific reasons for the delay—waiting for the statute of limitations to pass, a tax return to come back, or something similar. But a year is a reasonable amount of time.

After that, there should be a clear reason why the estate is still open. But I’m telling you, it happens all the time—five years, six years, ten years. Why? Let’s go through the common issues and how to avoid them.

The number one thing is making sure the person you put in charge—the executor executing your plan in the will or the trustee if you set up a trust—is the right person. There need to be checks and balances in place. If you put the wrong person in charge and they shy away from responsibility and delay, well, now everybody’s irritated. If they’re a poor communicator and don’t share information, people get frustrated, and eventually, the estate stalls for years.

Another issue is not keeping up with the person you’ve chosen. In our firm, we check in with clients every six months to review their documents. You might pick your parent to be your executor now, but in seven to ten years, they might not be up for it anymore. It’s not their fault—they might have aged, developed an illness, or simply lost the ability to handle the responsibility. If you don’t keep your documents updated, they might still feel obligated to serve, even when they’re not capable.

So why does an estate just sit there? There are checks and balances in the system. Every executor and trustee can be brought before a judge to account for their actions. But judges don’t investigate—they’re not detectives. Your attorney has to file petitions, gather evidence, depose people, subpoena documents—it all takes time and money.

Can we fix a stalled estate in court? Yes, but it’s expensive. The best way to avoid this is to choose the right people and put systems in place for checks and balances. We can brainstorm your specific situation to find a good fit.

For example, people who love you—like your parents—would never want to harm your children. But if they develop a serious illness or cognitive decline, they might not be able to manage your estate effectively. If your documents aren’t updated, your estate can become stuck. And since a minor child doesn’t have money to go to court, things just freeze.

If you handle your estate planning yourself, you might not think through all these issues. People often choose executors on impulse—picking a sibling, eldest child, or parent—without considering personalities or family dynamics. They also write vague clauses, assuming family members will agree on their meaning. But that doesn’t always happen.

Sometimes, a child or their spouse interprets a clause in a way that benefits them over their siblings. Now there’s a dispute. There are time-tested legal clauses that have been used for centuries to prevent these issues, but if you don’t know them, you risk creating new problems. When it comes to wills and trusts, “exciting” is not a good thing. We want your documents to be boring—that means they’re done right.

Another common issue is unclear instructions about real estate. If the language in your will is vague, a title company might refuse to sell the property. You might need a judge’s order to fix it, which is expensive. A tried-and-true estate plan avoids these problems.

Then there are simple things people forget, like catchall clauses or whether the executor or trustee gets paid. These little details can prevent major conflicts. If there’s a dispute, nobody wants to pay for lawyers to go to court, so everything sits for years.

One classic mistake: leaving a child in the house with instructions to sell it after your death. They won’t want to sell—they’re living there for free! The only way to force a sale is for their siblings to take them to court, which is costly and unpleasant. We see this issue all the time.

It’s not just houses—it could be furniture, cars, or any assets that need clear instructions. Without them, things get messy. And look, hiring a lawyer for estate planning really isn’t that expensive. It’s much cheaper to pay a little upfront than to deal with a huge legal mess later.

The goal is to keep family members civil with each other. At least let them get through Thanksgiving without fighting! Estate conflicts can permanently damage relationships. Let’s avoid that.

So, if you have specific concerns, let’s talk. We can come up with a solid plan that avoids these issues. It really isn’t that expensive to do it right.

Give us a ring at (215) 790-1095. You can also visit the website, send us a message, and set up a time to talk.

That’s it, guys. This is Peter Klenk with Klenk Law. Like and subscribe so we can talk more about these fun topics—death and taxes! I look forward to our next discussion.