October 27, 20253 min read

12 Estate Planning Blunders You Can’t Afford to Make

Estate planning isn’t just for the wealthy — it’s for anyone who wants peace of mind and control over their future. Unfortunately, even well-intentioned people make costly mistakes that can cause family conflict, tax issues, or delays in asset distribution. Here are 12 of the most common estate planning blunders — and how to avoid them.

Faith Otutu
Faith Otutu
Author
12 Estate Planning Blunders You Can’t Afford to Make

1️⃣ Not Having an Estate Plan at All

The biggest mistake is doing nothing.
If you die without a will or trust, your estate is distributed according to state intestacy laws, not your wishes. That can leave out stepchildren, unmarried partners, or charitable causes you care about.

Fix it: Start with a basic estate plan that includes a will, power of attorney, and healthcare directive.

2️⃣ Forgetting to Update Your Plan

Life changes — marriages, divorces, births, deaths, new assets. If your plan doesn’t reflect your current situation, it can quickly become outdated.

Fix it: Review your estate plan every 3–5 years or after any major life event.

3️⃣ Failing to Fund Your Trust

Creating a trust is only half the work. If you don’t transfer assets (real estate, bank accounts, investments) into it, the trust won’t control them — and they may still go through probate.

Fix it: Work with your attorney to properly title and fund all assets into your trust.

4️⃣ Naming the Wrong Executor or Trustee

Choosing an unreliable, unorganized, or biased person to manage your estate can lead to disputes and mismanagement.

Fix it: Choose someone trustworthy, impartial, and financially responsible — or consider a professional fiduciary.

5️⃣ Overlooking Digital Assets

Your online life — email, social media, crypto, cloud storage — won’t automatically transfer without proper planning.

Fix it: Keep a list of your digital accounts and passwords and specify who should manage or inherit them.

6️⃣ Not Planning for Incapacity

Estate planning isn’t just about death — it’s also about what happens if you’re alive but unable to make decisions.

Fix it: Execute durable powers of attorney and advance healthcare directives to appoint trusted agents for financial and medical matters.

7️⃣ Ignoring Tax Implications

Estate, inheritance, and income taxes can significantly reduce what your heirs receive.

Fix it: Consult a qualified estate planning attorney or tax advisor to minimize tax exposure through gifting strategies, charitable trusts, or family limited partnerships.

8️⃣ Leaving Assets Directly to Minors

Minors can’t legally own property — which means a court may have to appoint a guardian to manage funds until they turn 18.

Fix it: Use a trust to control when and how young beneficiaries receive their inheritance.

9️⃣ Failing to Coordinate Beneficiary Designations

Your will doesn’t override beneficiary designations on life insurance, IRAs, or retirement accounts. If those are outdated, your ex-spouse or deceased relative could still be listed.

Fix it: Review and update all beneficiary forms to match your overall plan.

🔟 Not Planning for Long-Term Care

Nursing homes and assisted living facilities are expensive — and can quickly deplete your savings.

Fix it: Explore long-term care insurance, Medicaid planning, or trusts that protect assets while ensuring quality care.

11️⃣ Overlooking Business Succession

If you own a business, who will take over? Without a plan, your company could dissolve, lose clients, or face legal disputes.

Fix it: Develop a business succession plan that defines leadership transition and ownership structure.

12️⃣ Keeping Your Plan a Secret

Surprise is not your friend in estate planning. When beneficiaries don’t know what to expect, confusion and conflict often follow.

Fix it: Discuss your intentions with family members and let your executor know where to find your documents. Transparency helps prevent disputes.

Final Thoughts

An estate plan is not a one-time document — it’s a living roadmap that evolves with your life. Avoiding these 12 mistakes ensures your loved ones are protected, your assets are secure, and your legacy is honored exactly as you intend.

Elder & Estate

Protecting your legacy, one plan at a time.

Elder and Estate is an online service providing legal forms and information. Elder and Estate is not a law firm and cannot provide legal advice. Elder and Estate is not a substitute for an attorney or law firm. Communications between you and Elder and Estate are protected by our Privacy Policy, not by attorney-client privilege. 2025 Elder and Estate, Inc.