Avoid these 10 common estate mistakes.
Estate planning lets you decide what happens to everything you have built, and everything you may still build. Yet it is one of the most overlooked parts of a financial life. In a 2024 survey, Caring.com found that fewer than one in three Americans had a will. These are the missteps we have watched families make over the years, and how to steer around them.
People skip estate planning for reasons that feel valid at the time. They do not know how to start, they assume it is complicated, or they figure they do not have enough to bother. Whether you are newly married, starting a family, or nearing retirement, the right time to think about this is usually earlier than feels urgent. Here are ten mistakes worth avoiding.
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1
Not having an estate strategy at all
The biggest mistake is simply not having one. Only about a third of Americans have a will, the most basic document there is. Some never got around to it. Others assume estate planning is only for the wealthy.
Without a plan, your assets may not go where you intended, and your family can end up in conflict at the worst possible moment. Avoiding that starts with a conversation. Many of our clients work with an estate team that includes an attorney and a CPA, and a financial professional who understands your full picture is a natural addition to it. It is the heart of estate planning.
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2
Missing the supporting documents
A will is not the whole plan. Two documents in particular get overlooked: a financial power of attorney and an advance health care directive.
A will covers your wishes after you pass, names your executor, and addresses guardianship for minors or anyone else who needs it. A financial power of attorney lets someone you trust make financial decisions if you become unable to. An advance health care directive lets someone you name make medical decisions on your behalf, and spells out your wishes for certain situations. Putting those wishes in writing is a genuine act of love, because it lifts an enormous weight off the people you leave to decide.
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3
Not considering a trust
Before choosing between a will and a trust, it helps to understand the difference. A will is a basic instruction manual for how your assets are distributed, including who cares for minor children. A trust is a fiduciary arrangement where a trustee holds assets for your beneficiaries, and it typically bypasses probate, so assets transfer faster and more privately than through a will alone.
A trust may help if you have multiple heirs, are passing assets to grandchildren, want to attach conditions to an inheritance, want part of your wealth to go to charity, or simply have a large estate with moving parts. Trusts involve complex tax rules, so they are worth setting up with professionals who know the terrain.
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4
Ignoring the estate tax exemption while it lasts
The federal estate and gift tax exemption has sat at historic highs in recent years, but it is not permanent. The amount you can pass on free of federal estate tax is set by law, and law changes. When the exemption is high, there is often a window to move wealth out of a taxable estate that may narrow later.
Two strategies come up often. A spousal lifetime access trust, or SLAT, is an irrevocable trust you create for your spouse, letting you use your lifetime exemption while your spouse retains access to the assets during their lifetime. A dynasty trust can be structured to last for as long as you have living descendants, using your gift and generation-skipping exemptions. Both have real tradeoffs, and both depend on current limits, which is exactly the kind of timing that belongs in coordinated high net worth tax planning. Confirm the current exemption and rules with a professional before acting.
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5
Not accounting for non-financial assets
The things that matter most are not always the things with a dollar value. Sentimental artifacts and family heirlooms rarely appear in formal documents, so whoever settles your estate may not know a piece was meant to stay in the family rather than be sold or donated. A letter of instruction is a simple way to capture those wishes.
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6
Not providing access to digital assets
Most of us live partly online now. Photos in the cloud, social media profiles, accounts of every kind. Your loved ones may not know what exists, and even if they do, they may not be able to reach it. A good plan grants that access deliberately rather than leaving it locked.
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7
Never reviewing the plan
An estate plan is not a set-and-forget document. Left alone, it drifts out of step with your life and can produce results you never intended. Certain moments are natural prompts to revisit it:
- The birth of a child
- The death of a beneficiary
- The death of your minor child's guardian
- Marriage or divorce
- Buying a new property
- Starting a new business
- The death of your executor
Treat those as trigger events. Even when nothing has changed, it is worth meeting with your estate team periodically to be sure the plan still reflects your wishes. Waiting for a trigger event can sometimes be too late.
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8
Putting your child's name on your deed
Parents sometimes add an adult child to the deed to transfer property, and it can backfire. Putting their name on the deed gives them title to your home. However much you trust them, they now legally own it, which can expose the house to their creditors, a divorce, or other problems you never saw coming. Your estate team can usually point you to alternatives that accomplish the same goal more safely.
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9
Naming a single beneficiary
Designating more than one beneficiary is simply sound long-term planning. If your named beneficiary passes away, a contingent beneficiary keeps the process on track. You can list more than one contingent beneficiary, and the more specific your instructions, the better.
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10
Not talking to your family
Staying silent about your intentions is how misunderstandings and legal challenges begin. Heirs left guessing are rarely prepared to manage what they inherit. One 2023 study found that among people whose parents had passed, 30% said their parents did not do a good job discussing how the money would be handled, and of those, 56% said the silence led to financial complications afterward.
Have the conversation, as hard as it can be to begin. It is the core of good legacy planning, and if you would like a structure for it, our family meeting checklist is a good place to start.
The role we play on your estate team.
Trying to build an estate strategy without professionals usually means missed opportunities. As financial professionals, we often act as the quarterback of the team, coordinating the attorney and the CPA, keeping everyone on the same page, and bringing the financial view to the table.
It is never enjoyable to plan for the end. But if you never start, or never dust off the documents, you can end up handing control to the state and the courts by default. We would rather help you keep it. Our defined process is built for exactly that.
The point of all of this is simple. Keep the decisions in your hands, and spare your family the conflict that silence and paperwork gaps create.
Talk it through with us.
Schedule a no-obligation conversation about your estate strategy. We will walk through the process we use to help families:
- Keep decision-making in your hands, not the state's and the courts'.
- Reduce the family conflict that so often follows an unclear plan.
- Coordinate protection so your heirs actually keep what you leave them.
If we are not the right fit, we are glad to point you to someone who is.
Sources: InvestmentNews, December 13, 2023; Caring.com, April 22, 2024; FindLaw.com, March 12, 2024; SmartAsset.com, February 7, 2022; FindLaw.com, March 4, 2024; Trust & Will, April 2024; AAG, October 17, 2023; Edelman Financial Engines, December 4, 2023. Statistics and tax figures cited were accurate as of the dates referenced and may have changed. Estate and gift tax exemption amounts in particular change over time; confirm current figures with a qualified professional.