Outdated, Invalid, and Dangerous: This Estate Plan Was a Dumpster Fire - and It Was Just One Year Old
In my 25 years of reviewing estate plans, I’ve seen a lot of bad documents. But what I reviewed today? It just might take the crown as the worst estate plan I’ve ever seen. And here’s the kicker - it wasn’t decades old. It wasn’t some dusty relic from the 1980s that a client dug out of a file cabinet. It was dated 2024. Just last year.
It had all the red flags of an ancient, outdated plan - even the font looked like it came from a typewriter - but it was brand new. And the worst part? If something had happened to this couple, not a single one of their wishes would have been carried out. Their documents were essentially worthless. Let me break down what was wrong, what could have gone horribly wrong, and what you need to do to make sure this doesn’t happen to you.
The Documents Looked Like Dinosaurs.
At first glance, I thought I was looking at documents from the early 2000s or older. They had all the signs:
- Outdated language
- Incorrect legal terminology
- Missing required components
- Formatting and structure that screamed “template from the internet” or “recycled from a retired attorney’s filing cabinet”
But then I looked at the signature pages - 2024. Let me be clear. These weren’t just ugly documents. They weren’t just old-fashioned. They were legally defective. Here’s what I found:
1) Two documents had faulty or missing notary clauses
In Massachusetts, most estate planning documents must be properly notarized. One document had an incorrect notary clause. One was missing the notary entirely. That makes the documents null and void. In other words, they don’t count. The client may as well have signed a napkin.
2) The Will used the term “executor”
That may not seem like a big deal, but it is. Why? Because Massachusetts hasn’t used the term “executor” since 2012. The correct term is “Personal Representative.” Using the wrong terminology isn’t just a technical error—it shows the drafter didn’t know Massachusetts law. And if they got that wrong, what else did they miss?
3) The Power of Attorney was practically useless
This document technically had the right notary clause, but it was so bare-bones it was almost meaningless. It didn’t include any of the modern protections we build into our POAs - like the ability to handle real estate transactions, work with retirement accounts, or deal with long-term care planning. It gave the client a false sense of security. On paper, they had a Power of Attorney. In reality, it was just a piece of paper.
4) The Health Care Proxy was invalid
Not notarized. Not witnessed. That and other technical deficiencies made it not legally enforceable. Imagine having a loved one in the hospital and thinking you’re all set - only to be told the document you brought in isn’t valid. That’s the kind of nightmare we’re talking about You might think that with errors like these, the documents had to be ancient. But they weren’t. The ink was barely dry. That’s what makes this case so alarming. These documents either:
A) Were copied from extremely outdated templates, or
B) Were drafted by someone who doesn’t understand Massachusetts law.
Honestly, I didn’t press the clients too hard on where they got the documents. I didn’t want to embarrass them. But based on what I saw, these were either:
- Pulled from an old attorney’s recycled files
- Created from online templates
- Or worse, produced by someone calling themselves an attorney but who clearly wasn’t an estate planning specialist
Either way, the damage was done.
This Is Exactly Why You Need an Estate Planning Specialist
There are two things I’ll never stop shouting from the rooftops:
- You need an estate planning attorney to do your estate plan
- You need a specialist, not a generalist
You don’t go to a foot doctor for heart surgery. And you shouldn’t go to a divorce lawyer, real estate attorney, or some legal website for your estate plan.
Here’s what we do differently at Monteforte Law:
- We use up-to-date, Massachusetts-specific language in every document
- We include modern protections for financial and health care decisions
- We provide customized language for your specific situation—whether it’s long-term care, special needs planning, business ownership, or blended families
- And most importantly—we offer free 3-year checkups to make sure your plan stays current as the law changes
Because the law does change. And if your attorney isn’t keeping up, your plan becomes a liability. If anything had happened to these clients, a medical emergency, a stroke, a death, their entire plan would have failed.
- No one would have had legal authority to act on their behalf
- The estate would have gone through costly, contested probate
- The family could have lost control over medical decisions
- The wrong people might have inherited
- And worst of all, the clients’ wishes would have been completely ignored
That’s not just a mistake. That’s a crisis. Once I realized how bad the documents were, I knew we had to start from scratch. I didn’t sugarcoat it. I told them the truth: These documents weren’t worth the paper they were printed on. In fact, you’d get more value folding them into paper airplanes and launching them out a window than trying to use them in a real legal situation.
So I put on my Superman cape and did what I do best - saved the day. We built them a brand-new plan from the ground up:
- A valid Will using modern, Massachusetts-approved language
- A Health Care Proxy that meets legal requirements and medical best practices
- A Durable Power of Attorney with expanded financial authority
- And a trust that actually does what it’s supposed to do
Now, if something happens, they’re protected.
Don’t Assume Your Plan Is Good, Even If It’s Recent
Here’s the moral of the story: Just because you have a plan - and even if that plan is recent - doesn’t mean it works.
You need your plan to be:
- Current under Massachusetts law
- Customized to your situation
- Complete with all required documents
- Reviewed every few years
Otherwise, you’re doing what these clients almost did - throwing your legacy out the window.
We offer plan reviews for clients who aren’t sure if their documents are up to snuff. Bring them in. Let us take a look. We’ll tell you what’s solid, what’s risky, and what needs to be fixed. Even if your documents were created recently. Especially if they weren’t created by an estate planning specialist. Because having the wrong plan is often worse than having no plan at all.
Let Us Review Your Documents - for Free
If you’ve already done your estate plan and want a second opinion, schedule a free document review with our office. We’ll give you real feedback, not sugar-coated nonsense. If you don’t have a plan at all? Let’s build it. The right way. And if you think your plan is fine because it’s only a year or two old, just remember this blog. Those clients thought the same thing. And it nearly cost them everything. Don’t let it happen to you.
