6 Estate Planning Mistakes You Should Avoid

You want peace of mind knowing that your loved ones are taken care of after your death. While it may be difficult to think about, preparing a will and revisiting former estate plans are the best way to prevent needless mistakes in the future, many of which could cost your family thousands of dollars.

Attorneys that are experienced in this area can help their clients avoid making these six disastrous estate planning mistakes:

1. Not Having an Estate Plan in the First Place

No estate plan? You can bet there will be some confusion on how your assets should be distributed after your death. Most people think that all they need is a will, but many assets are typically not named in a will, such as IRA accounts and life insurance. If you don’t address beneficiary designations as a part of comprehensive estate planning, it doesn’t matter what your will says; the assets will pass to who you named on those accounts.

2. Not Having Your Estate Plan Examined by a Professional

Do-it-yourself (DIY) wills that you create online might save you a few bucks, but it can cost your family thousands of dollars if it lacks in-depth tax planning strategy. That’s not even counting the costs of hiring a lawyer to mitigate the damage after the fact! In the worst case scenario, the probate court may not admit the DIY will at all. In this situation, assets will pass to those who would receive it, as dictated by state law.

3. Trusting Your Children with More Than They Can Handle at Their Age

Every parent wants to believe their children are fit to responsibly manage and benefit from their inheritance as soon as they turn 18, but that isn’t usually the reality. Most young adults typically aren’t experienced enough to manage large sums of money efficiently. Setting up provisions regarding when your children can receive their inheritance is usually the best course of action.

4. Depending on Family Members to “Do the Right Thing”

Rule of thumb: it’s better to establish a trust than to simply trust. Don’t rely on the goodwill of others to use your assets for the good of another, such as to take care of someone in your family. Anyone, including a family member, can opt to change their mind and oppose how you intended to use your assets after your passing.

5. Not Realizing the Impact Taxes Can Have

Gift, income, and estate taxes all impact the sum passed to your descendants. For example, if you leave life insurance to one child and your Individual Retirement Account (IRA) to another, the child with the IRA will have to pay income taxes, while the one who received the life insurance will not. While you intended was to split your assets between them equally, the final amount they receive will differ.

6. Not Understanding That Specifics Matter

Let’s say you decided to write a will that leaves all of your assets to your “surviving children.” If one of your children passes before you, would you like for your assets to pass to only your remaining children, or for your deceased child’s portion to pass to his/her children? It’s important to be specific when properly drafting an estate plan, factoring any and all worst case scenarios that might arise.


Hiring an attorney will not only save you from making unexpected estate planning mistakes, but also will give you access to immediate legal advice and guidance when revisiting estate planning decisions. Our experienced attorneys at SLN Law will help you create the best plan for you and your family and make sure you receive exceptional legal guidance. When you’re ready to prepare for your family’s future, we are one call away.

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