The 13 Most Common Estate Planning Mistakes (and How to Avoid Them)

Creating an Estate Plan is one of the most important things you can do to protect your assets, secure your family’s future, and ensure your wishes are honored. Unfortunately, many people make critical Estate Planning mistakes that can cause confusion, conflict, and financial loss later on.

To help you avoid costly missteps, we’ve outlined the 13 most common Estate Planning mistakes—and what you can do to fix them.

1. Failing to Create an Estate Plan

The biggest mistake? Not creating one at all. Many people delay Estate Planning, thinking they’ll “get to it later.” But waiting too long can put your loved ones and assets at risk.

The Fix: If you don’t have an Estate Plan—or if it’s been more than five years since your last update—start now. Review your plan regularly, especially after major life events such as marriage, divorce, or the birth of a child.

2. Not Discussing Your Estate Plan with Family

While it can be uncomfortable, not discussing your Estate Plan with family members can lead to misunderstandings and disputes later.

The Fix: Talk openly with your spouse, executor, and anyone named in your Will or Trust. Setting expectations now can prevent legal battles down the road.

3. Naming Only One Beneficiary

If your sole beneficiary passes away before you, your assets could end up in probate.

The Fix: Always name a primary and at least one contingent beneficiary for each account, asset, or insurance policy.

4. Forgetting Power of Attorney and Healthcare Directives

Without a Power of Attorney (POA) or Healthcare Proxy, no one can make important medical or financial decisions if you become incapacitated.

The Fix: Appoint trusted individuals in both roles and make sure the documents are properly executed and stored.

5. Ignoring Final Arrangements

Failing to document your wishes for funerals, memorials, or end-of-life care can leave loved ones stressed and uncertain.

The Fix: Include your preferences for funeral or memorial arrangements in your Estate Plan, along with any specific end-of-life care directives.

6. Overlooking Digital Assets

In today’s world, your digital life matters. Ignoring social media, online accounts, and digital files is a growing Estate Planning mistake.

The Fix: Create a Digital Estate Plan that lists all online assets and appoints a Digital Executor to manage them.

7. Forgetting Charitable Giving

If you support a cause or organization, leaving out charitable donations can mean missed opportunities to make a lasting impact.

The Fix: Include charitable giving in your Estate Plan by naming a charity as a beneficiary or setting up a charitable trust.

8. Overlooking Your Children’s Future

Without clear guidance, your children’s inheritances could be mismanaged—or worse, tied up in legal complications.

The Fix: Set clear conditions for inheritances to minors and communicate expectations clearly. Consider working with an Estate Planning attorney for complex arrangements.

9. Getting Too Specific

Including assets that may not exist in the future—like certain stocks or property—can create complications.

The Fix: Review and update your Estate Plan every 3–5 years to ensure accuracy as your financial situation changes.

10. Not Funding Your Trust

Creating a Trust is only half the job. Failing to fund it means your assets could still go through probate.

The Fix: Properly title your assets in the name of your Trust and follow all necessary steps. Learn more in our Guide to Funding a Trust.

11. Forgetting About Taxes

Estate taxes can significantly reduce what your heirs receive if not planned for correctly.

The Fix: Understand your state’s estate tax laws and federal exemption limits. Consult an estate tax professional if you have a large or complex estate.

12. Poor Document Storage

Even the best Estate Plan is useless if no one can find it.

The Fix: Store your documents in a fireproof safe or a secure online Estate Planning vault. Make sure at least one trusted person knows how to access them.

13. Not Updating Regularly

Life changes—your Estate Plan should, too. Outdated plans are one of the most common reasons heirs face probate or disputes.

The Fix: Update your Estate Plan after major life events and review it every three to five years.

Creating a solid Estate Plan is one of the most generous and responsible things you can do for your loved ones. Avoiding these common Estate Planning mistakes ensures your legacy, wealth, and wishes are protected for generations to come.