Jill M. Santiago Law Offices

Estate Planning Attorney in Rhode Island & Massachusetts

(401) 307-5556
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4 Excuses That Keep People From Protecting Their Legacy

July 28, 2025 by Jill Santiago

As the relaxed days of August unfold, we recognize it as National Make a Will Month—a perfect time to address an important task before the busy back-to-school season and holiday rush begin. Shockingly, about two-thirds of Americans lack any form of estate plan, whether it’s a will, trust, or powers of attorney.

August just happens to be National Make A Will Month. This month, JMS Law is dedicated to simplifying the process of creating an estate plan for as many individuals as possible across Rhode Island and Massachusetts. We’re here to help you get your plan in place with ease!

 

Actually, everyone has an estate plan

Did you know even if you have not made an estate plan, you have one? Without an estate plan, the state has a plan for you, whether you like it or not. The laws of intestacy will dictate how your assets are distributed to your legal heirs, and the probate court will appoint someone to manage your estate. These individuals—your heirs and administrators—might not be the ones you would have chosen.

Even more concerning, without a plan, you risk a court-ordered guardianship if you become incapacitated and unable to manage your own assets or healthcare. Don’t be part of the two-thirds who rely on default arrangements. Take control and create your own estate plan!

 

Reasons people don’t make a plan

Estate planning is a crucial task that many individuals know they need to address but often postpone. Several common reasons contribute to this procrastination:

Uncertainty about where to begin: For many, the sheer complexity of estate planning or simply not knowing who to consult for assistance leads to deferral.

Belief in insufficient assets: A common misconception is that one doesn’t possess enough assets to warrant an estate plan. However, even ordinary assets like bank accounts, vehicles, and personal property are subject to the probate process. Without a will or designated beneficiaries on accounts, probate can potentially consume a significant portion of an estate’s value.

Reluctance to confront mortality: While an uncomfortable truth, death is an inevitable part of the human experience, regardless of whether a plan is in place. Avoiding this reality doesn’t change its certainty.

Indifference to post-mortem outcomes: While some may express a lack of concern for what happens after their passing, establishing an estate plan can significantly ease the burden on loved ones during a difficult time. Considering the potential relief it offers, making arrangements seems a compassionate choice.

 

Types of plans we provide

At JMS Law, we create individualized estate plans, based on your needs and goals. We create wills and living trusts for individuals and married couples. We also draft property deeds, financial powers of attorney and healthcare documents. If long-term care costs are a concern, we also provide Medicaid planning.

 

We Make it easy to get your plan in place

Stop making excuses! Regardless of the value of your estate, you and your loved ones deserve the peace of mind that comes with a solid plan. We work with estates of all sizes and make the process convenient for you. You don’t even need to leave your home to get started – we offer virtual estate planning meetings. For document signing, we can accommodate you in one of our offices or even in the comfort of your own home.

(401) 307-5556

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Claim Your Free Book — Written By Jill

In Death, Taxes & Change, estate planning attorney Jill M. Santiago guides you through the complex (and often overwhelming) world of wills, trusts, and future planning—with clarity, compassion, and zero legal jargon. Whether you are a Rhode Island resident, a snowbird with property in multiple states, or someone with loved ones who have special needs, this book equips you to create a plan that reflects your values and avoids unnecessary court battles.

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Filed Under: Family in Estate Planning, Getting Started

Address: 2348 Post Rd Suite 106, Warwick, RI 02886 | Phone: (401) 307-5556 | Email: info@jmslawltd.com

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