Estate Planning Mistakes to Avoid

Having a last will and testament properly prepared by an experienced estate planning attorney is one of the most important legal documents for anyone. A will directs where property should be distributed, names guardians for minor children and names an executor to manage your estate after you have passed. Anyone over age 18 needs a will, says a recent article, “The Biggest Mistakes People Make in Their Wills, According to Estate Lawyers,” from BuzzFeed.

Assigning co-executors. Parents think it will be fair to name siblings as co-executors. However, more often than not, this leads to a lot of arguments. It’s best to name one executor and name a secondary, in case the first cannot serve. If you own a home and want to sell it, but one child wants to keep it, they could stall the sale and create all kinds of financial and legal tangles. One estate planning attorney shares the story of a family with seven children—and all seven were named executors. Their attorney made the clients sign waivers to prove they were informed that this could backfire and undo the estate plan.

Relying on a will alone to keep heirs from going to court. A will does not stop an estate from needing to go through probate. Probate is the process of the court approving a will. If there is no will, the court administers the estate. A will ultimately directs where assets will go. However, any assets not already distributed through a trust or beneficiary designation will go through probate. A residence titled solely in the name of the deceased, lacking a Transfer on Death designation—which is allowed in many states now—will need probate to transfer the title to heirs.

Being unclear about items with sentimental value is common. A vague provision stating that all children should get an equal share of possessions is asking for trouble. Children who might have gotten along fine when parents were alive may have a different relationship once the parents have died. Money can change people. Children’s spouses may have different ideas about how their in-laws’ possessions should be distributed. It’s better to name specific items for specific people. Even items with no market value but sentimental value can spark surprisingly fierce family fights.

Failing to update a will and other documents to reflect changes in your life. Certain life events require legal documents to be updated, like marriage, divorce, birth, or death. Failing to update a will can lead to the wrong people inheriting a lifetime of earnings. For instance, if you name a child to inherit wealth and the child dies, but your will wasn’t updated to pass wealth to grandchildren, your grandchildren may not inherit anything, even if you had meant to do so. Neglecting to update beneficiary designations could give all your retirement funds to an ex-spouse. Wills should be reviewed every three to five years and whenever a trigger event occurs.

Not considering the consequences of a bequest. If you leave assets to a disabled person, they could become ineligible for government support. If assets are left directly to a child in the middle of a divorce, their ex-spouse could become the heir. A college student receiving an inheritance could become disqualified for financial aid. Consider what will happen because of your generosity. An estate planning attorney may recommend creating a trust for someone who is too young to manage money themselves, for instance, or a special needs trust for a disabled individual.

Keeping your will’s location secret. If your children can’t find your will or can only find the rough drafts, the court may treat your estate as if you died without a will altogether. Put the originals in a safe place and tell someone where the documents are. Use a fireproof and waterproof safe to secure the documents and make a copy of the key. Give heirs contact information for your estate planning attorney. They’ll have enough to deal with—don’t make it harder.

Trying to create an estate plan without professional help. Trying to create an estate plan using an online template or Artificial Intelligence (AI) is asking for trouble. Estate planning requires knowledge of state-specific laws, acceptable practices in law and finance and an understanding of the interplay between the law and taxes. Just as every family is different, every estate plan has its own nuances. An experienced estate planning attorney will create a plan to protect you and your family, lessen the stress after you’ve passed and give you and your loved ones the peace of mind from knowing your life is in order.

Avoiding common estate planning mistakes can make an enormous difference in protecting your assets and preventing stress for the people you love. At The Werner Law Firm, our experienced estate planning team helps clients create clear, legally sound plans that minimize conflict, avoid unnecessary court involvement, and reflect your true intentions. With the right guidance, you can ensure your wishes are honored and your legacy is preserved with confidence.

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Reference: BuzzFeed (Oct. 7, 2025) “The Biggest Mistakes People Make in Their Wills, According to Estate Lawyers”