What If It's Too Late? The Aftermath of Not Having an Estate Plan

When John finally agreed to sign the papers, it was already too late.

For years, his wife Sarah urged him to sign the estate planning documents they had prepared with an attorney: a living trust, durable power of attorney, healthcare directive, and last will. But John resisted. He wasn’t ready to talk about death. He said they had time.

Then one afternoon, his doctor delivered the news: six months to live.

Suddenly, the urgency Sarah had felt for years was real to John too. They called me and scheduled a notary appointment for that Sunday. But on the following Friday, the hospice nurse warned Sarah: "You should call your kids."

By Saturday night, John was no longer responsive.

On Sunday, he couldn’t sign.

By Monday, he was gone.

Sarah was devastated. And on top of her grief, she was now forced to enter probate court, unable to access certain accounts or make decisions without costly court orders.

Another client family had done everything they could. They arranged for me to notarize documents for their 90+ -year-old father. He was sharp, funny, and full of energy. He had already agreed to sign the trust and the will. But when it came time to sign the medical power of attorney and living will, he stopped.

"I'm going to live to be 130," he said. "I'll never need a hospital or doctor. I don’t trust them!"

He refused.

His family tried to reassure him: "This isn’t about being negative. It’s about being prepared."

But he wouldn’t budge. And while I notarized what I could that day, I left knowing there were still critical gaps in his plan. Gaps that, one day, could become barriers for his children when it matters most.

Note: The above narratives are based on true client experiences, with details modified to protect privacy.

What Happens When You Wait Too Long

- The estate goes through probate, which can last months to years.

- Court costs and attorney fees can eat up 3–8% of the estate’s value. 

- Family members may need to petition the court for the authority to make decisions or access funds.

- Medical decisions may fall to someone who doesn’t know your wishes.

In Nevada, if a person dies without a will or trust, their estate is distributed according to intestate succession laws, not necessarily according to what they may have wanted (Nevada Revised Statutes, Chapter 134.034).

If You're in the Middle of It Now

- Seek legal guidance immediately Clark County Administering Estates

- Begin the probate process by applying for Letters of Administration

- Consider filing an Affidavit of Heirship for small estates

- Collect and notarize court-required affidavits and documents to move things forward

But It's Not Too Late to Prevent It from Happening Again

Start with:

- A Last Will and Testament

- A Trust (if you own property or have significant assets)

- Durable Power of Attorney for financial matters

- Healthcare Directive and Medical Power of Attorney

Even if you feel healthy. Even if it feels premature.

Your peace of mind is a gift to your family.

A Heartfelt Call to Action

If you’ve seen what can happen when someone passes without a plan, you already know: it’s not just legal trouble. It’s emotional. It’s exhausting. It can divide families and delay healing.

At Dub’s Notary Services, I specialize in helping people put the right documents in place before it’s too late. Whether you need a simple will notarized or a complete estate plan assembled, I’m here to guide you through it.

I offer referral services for professionally assisted estate planning through Heavenly Hands Paralegal Services, or DIY estate planning through Everything Living Trust — affordable, trusted tools to help you protect your legacy.

Disclaimer: I am not an attorney or financial adviser. I do not provide legal advice. My role is to notarize documents and connect you with reputable planning resources.

Don’t wait until tomorrow. Let’s plan today.

📞 Call or text me today at 702-782-0137

🌐 Visit: dubs-notary-services.biz

📩 Email: dubsnotary@gmail.com