The Myth of the “Simple Will” in a Complex World

Mitchell Lansky
Jul 25
3 min read

At The Lansky Law Firm, one of the most common phrases we hear is:

“I just need a simple will.”

We understand the thought behind it. You want something easy to understand and straightforward—something that ensures your assets go to the right people. But in today’s complex legal and healthcare environment, a “simple” will isn’t always sufficient.

In fact, relying solely on a basic will can cause more harm than good. It may unintentionally lead to confusion, added costs, family disputes, and even lost benefits for your loved ones. What seems simple now could create serious complications later.

What a Will Can—and Can’t—Do

A will is a legal document that allows you to:

Name an executor (also called a personal representative)
Identify your beneficiaries
Direct how your assets are distributed after your death

But there are several important things a will does not do:

It does not avoid probate
It does not help if you become incapacitated
It does not protect your assets from long-term care costs
It does not prevent family conflict over your wishes or your care

While a will may be part of your plan, it’s not the whole solution.

Understanding Probate and Incapacity

Probate is the legal process of verifying your will and overseeing the distribution of your estate. It can be:

Lengthy
Expensive
Public

Even with a valid will in place, your loved ones could be tied up in court for months—or longer—before they gain access to what you intended for them.

And what happens if you’re still alive but unable to make decisions due to illness or injury?

A will has no power during your lifetime. It cannot:

Pay your bills
Make medical decisions
Access your bank accounts
Appoint a guardian for your minor children

These critical responsibilities require powers of attorney, advance directives, and in many cases, a living trust.

A Will Can’t Protect Against the Cost of Long-Term Care

Many people overlook one of the biggest threats to their estate: the high cost of nursing home care.

Statistically, most of us will need some form of long-term care. Unfortunately, a will does nothing to prevent your assets from being spent down to qualify for Medicaid.

Without proper planning, your savings—and even your home—could be at risk.

Trusts Are No Longer Just for the Wealthy

Trusts have become an essential tool for everyday families, not just the wealthy. A properly drafted and funded trust can:

Avoid probate completely
Allow a trusted person to manage your affairs if you’re incapacitated
Help protect assets from long-term care expenses
Keep your financial matters private
Outline exactly how and when your beneficiaries receive their inheritance

In many cases, a trust is the most practical way to make things easier for your loved ones—especially when life gets complicated.

True Simplicity Comes from Being Prepared

At The Lansky Law Firm, we believe that true simplicity in estate planning isn’t found in a bare-bones document—it’s found in clarity. In making sure your wishes are honored. In reducing stress for your loved ones. In creating a legal path forward that provides peace of mind—not confusion.

If you're relying on a simple will to handle complex matters, it’s time to revisit your plan. Let’s work together to make sure what you’ve built is protected.