When it comes to estate planning, most people have good intentions. They want to make sure their loved ones are taken care of, their wishes are honored, and their assets are distributed as smoothly as possible. Unfortunately, many individuals make critical mistakes—often without realizing it—that can complicate or even derail their plans. At Rhodes Law Firm, we’ve seen how avoidable errors can lead to unnecessary stress, conflict, and expense for families.

Here are some of the most common estate planning mistakes—and how you can avoid them.

Failing to Create an Estate Plan at All

By far the most significant mistake people make is simply not having an estate plan in place. Whether due to procrastination, the discomfort of discussing mortality, or the misconception that estate planning is only for the wealthy, many people delay or avoid the process altogether.

The Fix:
Estate planning isn’t just for retirees or millionaires—it’s for anyone who wants a say in what happens to their assets, health, and loved ones. Start with a consultation with an experienced estate planning attorney who can help you create a plan that reflects your wishes and protects your family.

Not Updating Your Estate Plan Regularly

Life changes—and your estate plan should, too. Marriage, divorce, birth of children or grandchildren, deaths, changes in assets, or even tax law revisions can all affect the effectiveness of your estate plan.

The Fix:
Review your estate plan at least every three to five years or after any major life event. This ensures that your plan reflects your current circumstances and intentions.

Overlooking Beneficiary Designations

Many assets—like retirement accounts, life insurance policies, and bank accounts—pass directly to named beneficiaries and aren’t governed by your will. If those designations are outdated or incorrect, your assets may go to the wrong person or even end up in probate.

The Fix:
Regularly review and update all beneficiary designations. Make sure they align with your overall estate plan and reflect your current wishes.

Failing to Plan for Incapacity

Estate planning isn’t just about what happens after you die—it’s also about what happens if you’re alive but unable to make decisions due to illness or injury. Without the proper documents in place, your loved ones may have to go through a lengthy and costly court process to gain the authority to help you.

The Fix:
Include powers of attorney and advance directives in your estate plan. A durable power of attorney allows someone you trust to manage your finances, and a healthcare proxy or living will lets someone make medical decisions on your behalf if you’re unable to.

Assuming a Will is Enough

A will is a crucial part of your estate plan, but it’s not a complete solution. Wills often go through probate—a public and potentially lengthy court process—and they don’t help with incapacity planning or avoid estate taxes.

The Fix:
Consider incorporating a revocable living trust into your estate plan. Trusts can help you avoid probate, maintain privacy, plan for incapacity, and manage assets more efficiently for your beneficiaries.

Not Considering the Tax Implications

Failing to account for estate, income, or capital gains taxes can leave your beneficiaries with unexpected bills and reduce the amount of assets they ultimately receive.

The Fix:
Work with an estate planning attorney and a tax advisor to understand the tax implications of your plan. Tools like trusts, charitable giving, and gifting strategies can help minimize taxes and preserve your estate’s value.

Leaving Assets to Minors Without Proper Planning

Leaving a lump sum inheritance to a minor can create legal complications. Minors can’t legally manage significant assets, so the court may need to appoint a guardian—often not the person you would have chosen.

The Fix:
Set up a trust for minors and name a trustee you trust to manage the assets on their behalf. This allows you to dictate how and when the money is distributed and ensures the minor’s inheritance is handled responsibly.

DIY Estate Planning

The internet is full of templates and tools for creating wills and trusts. While these may seem convenient and cost-effective, they often fail to meet state-specific legal requirements or adequately address unique family or financial situations.

The Fix:
Estate planning is not a one-size-fits-all process. Consulting with a qualified attorney ensures your plan is legally sound, tailored to your needs, and designed to prevent future disputes.

Not Communicating Your Plan

Many people avoid discussing their estate plan with their family because they want to avoid conflict or discomfort. But silence can lead to confusion, misinterpretation, and family disputes after you’re gone.

The Fix:
While you don’t have to disclose every detail, it’s wise to let your loved ones know the basics of your plan—where the documents are, who is in charge, and what your general intentions are. This transparency can help prevent misunderstandings and ensure your wishes are carried out smoothly.

Naming the Wrong Executor or Trustee

Choosing the wrong person to handle your estate can lead to mismanagement, delays, or even legal challenges. It’s essential to name someone trustworthy, organized, and capable of handling the responsibilities involved.

The Fix:
Take time to carefully select your executor or trustee, and consider naming alternates in case your first choice is unable or unwilling to serve. If you’re unsure, a professional fiduciary or corporate trustee can also be an option.

Don’t Go It Alone—We’re Here to Help

At Rhodes Law Firm, we understand that estate planning can feel overwhelming. Our experienced team is here to guide you through the process, avoid costly mistakes, and craft a plan that truly works for you and your family.

Whether you’re just getting started or need to review an existing plan, we’re ready to help you take the next step with confidence.

Schedule a consultation today and let us help you protect what matters most.