The Ascent – When Estate Planning Goes Wrong

Hosted by Sam McGee, Crestmont Private Wealth | Guest: Scott Seidl, Attorney at Keen Miller LLP

In this episode, Sam sits down with estate litigation attorney Scott Seidl to discuss what happens when estate planning goes wrong — from contested wills to capacity disputes — and why having a solid, well-communicated plan in place is critical for families and business owners alike.

Key Takeaways:

An ounce of prevention is worth a pound of cure — contested wills are costly, nasty, and rarely end with anyone truly "winning"

Blended families and divorce are major drivers of estate disputes today

Lack of communication — not just lack of planning — is a root cause of litigation

Capacity challenges are among the most expensive and difficult cases to litigate; don't wait too long to get your plan in order

Wealth level is NOT the biggest predictor of whether a dispute will arise — family dynamics and personality are

0:00 – Introduction: Sam McGee welcomes estate litigation attorney Scott Sidle of Keen Miller LLP

0:37 – Disclaimer: Scott clarifies this is general information only, not legal advice

0:58 – Why estate planning matters: Beyond "you need a will" — discussing real consequences of being unprepared

2:22 – Scott's day-to-day: The pitfalls he sees in contested estates and trusts at Harris County Courthouse

2:45 – Scott's practice area: Litigation (the cure), not planning (the prevention) — and why comprehensive planning makes his job easier

3:41 – The cost of disputes: Court costs, thousands in fees, and no one really wins

5:00 – How common are contested estates? The role of personality, family dynamics, and wealth

5:51 – Blended families: A major driver of estate disputes — step-children, step-parents, and second marriages

6:58 – The real culprit: Lack of communication, not just lack of planning — secrecy creates surprise and litigation

7:31 – Simon Sinek story: Sam shares a study on communication gaps and why even "clear" messages aren't always received

9:10 – Step one vs. step two: Getting the plan in place first, then communicating it to heirs

10:36 – "The sins of the father" conversation: What Scott tells unhappy heirs about their parents' rights to their own assets

11:24 – Capacity challenges: How mental capacity questions drive 75–80% of contested will cases

12:27 – Why capacity fights are so costly: Rarely resolved by summary judgment, almost always go to trial

12:52 – Key takeaway: "That is not wealth creation or preservation. That is wealth destruction."

13:14 – Call to action: Reach Crestmont Private Wealth at crestmontpw.com; reach Scott Sidle at keenmiller.com or LinkedIn

14:20 – Outro: Sam wraps up and invites listeners to connect

Original Air Date: April 25, 2026 at 8:30am as heard on Boerne Radio 103.9FM

Contact:  www.crestmontpw.com 

Alec Walker in Houston:  831-280-5288 

Sam McGee in Boerne: 830-368-2898

The Ascent &ndash; When Estate Planning Goes Wrong
Hosted by Sam McGee, Crestmont Private Wealth | Guest: Scott Seidl, Attorney at Keen Miller LLP
In this episode, Sam sits down with estate litigation attorney Scott Seidl to discuss what happens when estate planning goes wrong &mdash; from contested wills to capacity disputes &mdash; and why having a solid, well-communicated plan in place is critical for families and business owners alike.
Key Takeaways:
An ounce of prevention is worth a pound of cure &mdash; contested wills are costly, nasty, and rarely end with anyone truly "winning"
Blended families and divorce are major drivers of estate disputes today
Lack of communication &mdash; not just lack of planning &mdash; is a root cause of litigation
Capacity challenges are among the most expensive and difficult cases to litigate; don't wait too long to get your plan in order
Wealth level is NOT the biggest predictor of whether a dispute will arise &mdash; family dynamics and personality are
0:00 &ndash; Introduction: Sam McGee welcomes estate litigation attorney Scott Sidle of Keen Miller LLP
0:37 &ndash; Disclaimer: Scott clarifies this is general information only, not legal advice
0:58 &ndash; Why estate planning matters: Beyond "you need a will" &mdash; discussing real consequences of being unprepared
2:22 &ndash; Scott's day-to-day: The pitfalls he sees in contested estates and trusts at Harris County Courthouse
2:45 &ndash; Scott's practice area: Litigation (the cure), not planning (the prevention) &mdash; and why comprehensive planning makes his job easier
3:41 &ndash; The cost of disputes: Court costs, thousands in fees, and no one really wins
5:00 &ndash; How common are contested estates? The role of personality, family dynamics, and wealth
5:51 &ndash; Blended families: A major driver of estate disputes &mdash; step-children, step-parents, and second marriages
6:58 &ndash; The real culprit: Lack of communication, not just lack of planning &mdash; secrecy creates surprise and litigation
7:31 &ndash; Simon Sinek story: Sam shares a study on communication gaps and why even "clear" messages aren't always received
9:10 &ndash; Step one vs. step two: Getting the plan in place first, then communicating it to heirs
10:36 &ndash; "The sins of the father" conversation: What Scott tells unhappy heirs about their parents' rights to their own assets
11:24 &ndash; Capacity challenges: How mental capacity questions drive 75&ndash;80% of contested will cases
12:27 &ndash; Why capacity fights are so costly: Rarely resolved by summary judgment, almost always go to trial
12:52 &ndash; Key takeaway: "That is not wealth creation or preservation. That is wealth destruction."
13:14 &ndash; Call to action: Reach Crestmont Private Wealth at crestmontpw.com; reach Scott Sidle at keenmiller.com or LinkedIn
14:20 &ndash; Outro: Sam wraps up and invites listeners to connect
Original Air Date: April 25, 2026 at 8:30am as heard on Boerne Radio 103.9FM
Contact:&nbsp; <a href="https://www.crestmontpw.com">www.crestmontpw.com</a>&nbsp;
Alec Walker in Houston:&nbsp; 831-280-5288&nbsp;
Sam McGee in Boerne: 830-368-2898

Host:  Sam McGee, MBA, CFA

Founder/Owner of Crestmont Private Wealth.
604 S. Main St. Boerne TX 78006
(830) 368-2898
www.crestmontpw.com

Host:  Sam McGee, MBA, CFA
Founder/Owner of Crestmont Private Wealth.
<ul>
<li><a href="https://www.google.com/maps?q=604%20S.%20Main%20St.,%20Boerne,%20TX,%2078006">604 S. Main St. Boerne TX 78006</a></li>
<li><a href="tel:8303682898">(830) 368-2898</a></li>
<li><a href="http://crestmontpw.com/">www.crestmontpw.com</a></li>
</ul>

The Ascent With Crestmont Private Wealth

The Ascent with Crestmont Private Wealth 

Host: Sam McGee

Houston Office: I Riverway, Suite 470 Houston, Texas 77056

(832) 280-5288

Boerne Office: 604 South Main Boerne, Texas 78006

Office (830) 368-2898

About Sam McGee

CHIEF EXECUTIVE OFFICER & CHIEF INVESTMENT OFFICER

Sam McGee is the founder and owner of Crestmont Private Wealth. As CEO, he believes that to lead well you must have a servant heart. His day-to-day role with Crestmont is to lead and learn from a group of talented professionals who have high character qualities and initiative. His vision is to steer a mission led company that changes lives through financial stewardship, engagement with clients, and fiduciary style education.

Sam has 26 years in the financial industry and is a Chartered Financial Analyst. The CFA Program is a rigorous three-part exam that tests the fundamentals of investment tools, valuing assets, portfolio management, wealth planning, with an emphasis on ethics and quantitative analysis.

Sam is passionate about volunteering his time to the community. He founded the Texas Hill Country Mustang Club (501c7), is a board member for Hill Country Family Services, was appointed by the Texas Governor to the Texas Board of Professional Geoscientists, is a volunteer firefighter with the Boerne Fire Department, a trained SkyWarn Weather Spotter, and a Boerne Little League head coach, and involved with many charitable causes.

When asked what is most important to him, he said “Faith, Family, Community, & Friendships”

The Ascent with Crestmont Private Wealth 
Host: Sam McGee
Houston Office: I Riverway, Suite 470 Houston, Texas 77056
(832) 280-5288
Boerne Office: 604 South Main Boerne, Texas 78006
Office (830) 368-2898
About Sam McGee
CHIEF EXECUTIVE OFFICER &amp; CHIEF INVESTMENT OFFICER
Sam McGee is the founder and owner of Crestmont Private Wealth. As CEO, he believes that to lead well you must have a servant heart. His day-to-day role with Crestmont is to lead and learn from a group of talented professionals who have high character qualities and initiative. His vision is to steer a mission led company that changes lives through financial stewardship, engagement with clients, and fiduciary style education.
Sam has 26 years in the financial industry and is a Chartered Financial Analyst. The CFA Program is a rigorous three-part exam that tests the fundamentals of investment tools, valuing assets, portfolio management, wealth planning, with an emphasis on ethics and quantitative analysis.
Sam is passionate about volunteering his time to the community. He founded the Texas Hill Country Mustang Club (501c7), is a board member for Hill Country Family Services, was appointed by the Texas Governor to the Texas Board of Professional Geoscientists, is a volunteer firefighter with the Boerne Fire Department, a trained SkyWarn Weather Spotter, and a Boerne Little League head coach, and involved with many charitable causes.
When asked what is most important to him, he said “Faith, Family, Community, &amp; Friendships”