Why Some Estate Plans Fail in Idaho — And How to Avoid the Pitfalls

When Idaho families craft an estate plan, their goal is peace of mind and long-term stability. Yet even the most well-intentioned estate plans can fall apart. Several common drafting and execution issues consistently cause estate plans to fail.

One of the leading problems is the 'dry trust'—a trust that is drafted but never funded. This often happens when clients never return to complete title transfers or asset reassignments. In Idaho, an unfunded trust offers little protection; probate may still be required, defeating the purpose of the trust itself.

Another pitfall involves overuse of amendments and vague language. Estate plans should be periodically restated, not constantly patched with amendments. Clarity, consistent formatting, and inclusion of critical details—such as the name of the drafting attorney, governing law, and page numbering—enhance enforceability.

Fiduciary succession is another weak point. Many Idaho trusts fail to specify who can replace a trustee if they resign or pass away. Avoid leaving a 'dead end' by allowing the last serving trustee, attorney, or a majority of beneficiaries to appoint successors.

Power of attorney documents also demand care. Instead of 'springing' powers that activate only upon incapacity, practitioners recommend immediate-effect POAs. This ensures continuity when quick financial action is needed.

In short, strong estate plans are proactive, not reactive. Idaho residents should review their documents regularly, ensure their trusts are funded, and confirm their fiduciaries are ready to serve.

Ready to protect your future? Book a consultation with Atkins Law Offices today to create or review your Idaho estate plan.