Written by Jonathan Corra, Marketing Manager
Recently, I completed my first year with Jarvis Law Office. In those 12 months, I’ve learned a lot. So much, in fact, that many of the tips and insights that used to feel brand new now echo through the halls like second nature. That’s not to say I don’t still learn new aspects of estate planning and asset protection—I do, all the time—but the core concepts? I could recite those in my sleep.
That changes, though, when I see something from the estate planning world pop up outside of the office. Last year, shortly after I joined the Jarvis family, I was watching the movie Challengers. In one scene, a character in a bar tells someone she works in estate planning—not real estate—and I audibly gasped. Later in the year, I was in an empty theater watching Here and cackled when capital gains taxes were mentioned in the context of a child being gifted a home by a parent.
So, now that you have a better sense of how my brain is wired, you can imagine my over-the-top reaction when I came across a Washington Post article stating that NASCAR royalty Dale Earnhardt Jr. was being kept from visiting his father’s grave—all because Dale Earnhardt Sr.’s estate plan wasn’t up to date when he died in 2001. I couldn’t help myself. I dove in, did the research, and found that this situation is packed with important lessons for everyone. This isn’t just NASCAR drama—it’s a cautionary tale.
Most people are surprised when I say I’m a NASCAR fan. I don’t exactly fit the mold: I’m not from the South, I’m not the outdoorsy type, I don’t have a spouse or kids, and I don’t even drink beer. I’m what you’d call an anomaly in the NASCAR world. I get just as excited for a new season of Project Runway as I do for the Daytona 500. But my dad got me into the sport, and I’ve been watching and attending races since around 1993. I was nine years old then—and that just so happens to be about a year after the last time Dale Earnhardt Sr. updated his estate plan. There were nine years between that update and his untimely death.
In case you don’t know, Dale Earnhardt Sr. was killed on the final lap of the 2001 Daytona 500. He was just a few weeks shy of turning 50.
According to multiple sources, Dale Sr. left nearly everything to his third wife, Teresa Earnhardt. His assets included his race team, stock holdings, a car dealership, vehicles, a home, and about $200,000 in cash. There are rumors he had a trust in place, but there’s no public documentation to confirm it—or to clarify what kind of trust it might have been. Given his wealth, it’s likely some form of trust existed, but it may not have been the right kind.
What’s especially odd is that his 1992 will didn’t mention his three adult children from previous relationships. It’s well documented that those kids didn’t get along well with their stepmother. Dale Jr. has talked about this on his podcast, and both he and his sister Kelley have been vocal about being shut out. A recent Washington Post article revealed that they can’t even visit their father’s grave—it’s on private, fenced-in property. Kelley said she’s genuinely afraid she could be arrested if she tried to see it.
Now, I could go on about the family drama and who’s in the wrong, but that’s not the point here. At Jarvis Law Office, our mission is to help people avoid these exact types of problems. Family conflict over an estate doesn’t just happen to celebrities or millionaires—it happens to everyday people, too. I want to break down three major mistakes from the Earnhardt case that you can learn from—and avoid.
Not Updating the Will or Estate Plan
One of the biggest missteps in Dale Sr.’s situation was the failure to update his estate plan. I haven’t personally read his will or seen his trust documents, but public records confirm that the last known update was in 1992—nine years before his death. In those nine years, he built a multi-million-dollar racing empire and gained significantly more wealth. On the family side, his children became adults.
During our workshops, Attorney Tim Jarvis often says your estate plan should be updated after any major life event, marriage, divorce, new children, a new business, a significant change in income. I’m around the same age Dale Sr. was when he last updated his plan. My life has changed a lot in just the past two years—by the time I’m 50, it probably won’t even look the same. And while I’m not a millionaire, I do have assets I want to protect. Right now, I’m single, and I’m happy that way. But if I ever fall in love and get married, I’ll want to be sure my future spouse is properly included in my estate plan—so they’re protected, not left out.
Not Planning for a Blended Family
It’s 2025, and blended families are more common than ever. Many people we meet at Jarvis Law Office have been married more than once or have children from multiple relationships. But too often, they haven’t updated their estate plan to reflect that reality. I’ve lost count of how many people have come up to me after a workshop to say, “Please thank Tim—I had no idea my ex was still in my will.”
Estate planning for blended families requires clear communication and careful legal planning. Dale Sr. had four children with three different women and had been married three times. But when he passed, his entire estate went to his last spouse, Teresa. Without explicit directions in a trust or will about how to care for his children from previous relationships, it created the perfect storm for resentment and estrangement.
Now here’s where things can get tough, especially in blended families. In a lot of cases, someone may want to make sure their new spouse is taken care of for the rest of their life, but they also want whatever’s left to eventually go to their kids or stay in the bloodline. But if that plan isn’t clearly spelled out and legally locked in, all bets are off. That’s exactly what happened here. Since there wasn’t a formal plan in place, Sr. essentially lost control of what happens to his estate after Teresa’s gone. It’s now 100% up to her. And if she decides not to include his children in her own estate plans? Unfortunately, there’s nothing they can do about it.
With the right planning tools—like marital trusts, specific bequests, and clearly defined terms—you can make sure all loved ones are considered. And don’t forget: assets like life insurance and retirement accounts pass by beneficiary designation, not through your will. If those aren’t up to date, they can completely derail your wishes. In Dale’s case, his older children were left with virtually no control or access, despite being his biological heirs. Don’t assume your surviving spouse will “do the right thing.” Plan ahead—on paper, and in legal form.
Not Avoiding Probate
Here’s the one that stings the most: Dale Earnhardt Sr.’s estate was stuck in probate for at least 13 months. Some reports claim he had a trust in place, but even if that’s true, it likely wasn’t structured—or funded—properly. By the time of his death, his empire had expanded well beyond what his plan accounted for.
Probate is the court-supervised process of settling an estate after someone passes. It’s public, slow, and often expensive – in most counties, anywhere from 4-6% of the value of the estate. Family conflict and media attention only make things worse. Probate can take months, even years, and legal fees eat away at what’s left behind. For anyone, especially someone with significant assets or a public reputation, avoiding probate should be a priority.
That’s where a properly funded Asset Protection Trust comes in. And let me be clear, retitling your assets into the trust is key. We see it all the time: people hire a lawyer to create a trust, then never move their assets into it. It’s like buying a new car and never putting gas in it.
An Asset Protection Trust not only helps your estate bypass probate, but it can also shield your wealth from lawsuits, creditors, and long-term care costs. For someone like Dale, with a complex family tree and multiple businesses, this kind of trust could have protected his legacy and avoided years of tension. Trusts allow you to spell out who gets what, when, and how—and that kind of control is something a will just can’t provide.
The death of a loved one is never easy. But without proper planning, it can get exponentially harder. I know—no one wants to think about death. We don’t want to imagine our parents gone, or picture our kids navigating the world without us. But those tough conversations? They matter. Doing your planning now, while you’re healthy and thinking clearly, is one of the kindest things you can do for the people you love.
So learn from Dale’s story. Do the planning. And do it while you can. Do it for Dale.
If you’d like to learn how Jarvis Law Office can help you with your estate planning, click here to schedule a FREE 15-minute phone call. You can also click here to find out why families across Ohio have trusted us for more than two decades.
Jonathan E. Corra is the Marketing Manager for Jarvis Law Office. He holds a Master’s in Corporate Communication from West Virginia University, as well as an RBA from West Virginia University at Parkersburg. Jonathan has over 15 years of experience in Marketing, including nearly a decade in Legal Marketing. Having faced the profound challenges of caregiving for both of his parents, Jonathan brings a deeply personal understanding to his work at Jarvis Law Office. He is passionate about Estate Planning, Asset Protection, and Care Navigation, and is dedicated to helping families navigate the complexities of long-term care with compassion and knowledge.
In addition to his professional accomplishments, Jonathan is known for his empathetic and understanding nature. His work is not just a career but a calling, driven by a desire to make a difference in the lives of others. Through his legal knowledge and personal insights, Jonathan strives to offer the support and peace of mind that every family deserves.
Published June 5th, 2025
