I am often asked about the many software products on the market and internet. These products include Suze Orman’s Will & Trust Kit, Quicken WillMaker, LegalZoom.com Parents often think that they can utilize these tools to get the legal protections they need to safeguard their children. Sadly, we never know what we don’t know until it’s too late.

I like the analogy made by Alexis Martin Neely: “It’s kind of like if you built your own house during the summer when the weather was really good and you thought you knew what you were doing, but unknowingly overlooked a key element like putting waterproof felt between the sheeting and the shingles (who would know that, I thought you’d just put the shingles right on the wood). You might not find out right away that you had overlooked this important item, but a couple years later the sheeting would start to rot away and by the third winter you’d have rain and snow in your house and by the time you figured out what you had done wrong, it’d be too late to do anything about it.”

I personally tested several legal document preparation tools. In every case there was a detail overlooked, or a situation that wasn’t considered, that resulted in significantly compromised documents. Translation: in a crisis your family might have no protection.

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I was lucky enough to go to the Red Sox game last night. Jon Lester was the pitcher. Many of you may remember him as the young pitcher who in 2006 was diagnosed with lymphoma. Jon pitched the game of his career last night. In 7 innings he threw close to 100 pitches allowing only 1 hit. He did everything he could to guarantee a great outcome. In the end, though, even though the Red Sox won, Jon is not listed as the winning pitcher of record. The Red Sox scored their single run which ultimately won the game after relief pitcher Jon Papelbon came into the game. This one detail kept Lester’s fantastic work and great effort from being recorded in the “win” column.

I was reminded of a client who did everything right in working with his attorney to develop and put in place a trust as part of an estate plan. He thoughtfully considered his personal wishes, family needs and tax considerations. By all accounts, his new trust was a “win”.

Tragically, just like Jon Lester, one detail prevented success of this estate plan. The client never made sure his trust was funded, or that change of beneficiary forms were completed to flow retirement and insurance assets through the trust. In his case, nothing in his trust was implemented. His wishes were not honored, his plans were not carried out and to add insult to injury, a big tax bill became due.

The moral of the story is to make sure that all the details of funding are tended to while you’re still “on the mound”. Some clients take direction from their attorneys but complete the details upon themselves. Others recognize the benefit to paying their attorney to do it for them - it can save time, hold someone accountable and guarantee that the job gets done. Whatever your choice, don’t assume that the work is done when the documents are signed. There are almost always ‘i’s to dot and ‘t’s to cross to complete the work and “win” the game.

Your reaction to this subject line might be, “Oh no, not another Anna Nicole Smith story.” You might also be thinking, “Great, maybe the inside story!” Whatever your reaction, you should be wondering if any of what happened in her life and death could happen to your family. Simply put, have you taken the steps necessary to prevent such drama and turmoil for your loved ones?

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