Three Major Estate Plan Mistakes to Avoid
A complete and up-to-date estate plan can help ease your loved ones' worries and make things easier for them after you pass.

An estate plan helps designate who will receive your assets in the event of your death. Despite many thinking an estate plan is only for the rich, everyone can benefit from having one. For the first time since 2020, the number of Americans who have a will has declined.
Why are so many choosing not to create one? Nearly 40% of people don't believe they have enough assets to leave anyone. But no matter how wealthy you are, you need a will to protect your loved ones.
While important, an estate plan can be a difficult document to create, leading to potential mistakes that can cost you or your loved ones a lot of money. Estate planning errors can drastically hurt the financial legacy you want to leave behind. Here are some of the big ones:

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
1. Not having an estate plan
The first, and perhaps biggest mistake you can make with estate planning is not doing it. After you pass, those closest to you are left dealing with the shock and grief, and you don’t want to burden them with added financial issues. Having an estate plan in place can give them peace of mind and provide clear guidance for handling your affairs.
If creating an estate plan is on your to-do list, don’t procrastinate! Many people think they have plenty of time to create one — someone who is 35 years old may think they have decades to get things in order, but delaying can create extra risk for your family. The truth is, no matter your age, anything can happen. If you pass away and you still have young children, who will be their legal guardian? Without a will or an estate plan, you are putting your children’s future at risk. What if you pass away unexpectedly? Or what happens if you become incapacitated and no one is assigned to make medical decisions on your behalf?
None of us wants to think about our mortality, but procrastinating on your estate plan could create more headaches for your loved ones.
2. Not asking for help with your estate plan
Another common estate planning mistake I see is when people try to do everything on their own. Estate plans that contain mistakes can cause many complications after you pass. No matter the size of your estate, there are still assets to be passed on to your family.
Working with an expert, such as a financial adviser, who has the skills to put together and manage estate plans, can help avoid those errors. An adviser can educate you on what documents you need in your plan such as wills, powers of attorney and health care directives.
A financial adviser can help you inventory your assets and help ensure they are going to the right person. Your adviser can help you review all of your various retirement accounts and designate the exact amount you want to go to each of your beneficiaries.
3. Forgetting to regularly update your estate plan
Establishing an estate plan is an important step, but you can’t simply set it and forget it. Many life events will require you to take another look at it. Maybe you were divorced years ago, but your living will still lists your ex-spouse as the one entrusted to make your healthcare decisions.
What if you got remarried after your divorce? Have you changed the beneficiary of your 401(k) to your new spouse? You don’t want to pass away and subject your current spouse in legal battles with your ex.
The rule of thumb is if you get divorced or remarried, everything in your plan that has a beneficiary designation needs to be reviewed or changed.
It is not only a major life event like a divorce that may require changes to your estate plan. Failing to review and revise your estate plan after the birth of a child, the death of your primary beneficiary, starting a new business or buying a home can lead to big consequences, potentially distributing your assets to the wrong person.
At the end of the day, no matter how rich you are or how many assets you have, you need to have an estate plan. If you are among the many Americans who do not have one, now is the time to create one. A financial adviser can help you organize a plan to ensure your assets are appropriately allocated and your family is taken care of.
Related Content
- The Three Basic Components of a Good Estate Plan
- Eight Types of Trusts for Owners of High-Net-Worth Estates
- Estate Planning Checklist: Five Tasks to Prioritize
- Don’t Let a Medicare Mistake Haunt Your Retirement
- How Women Can Increase Odds of Saving Enough for Retirement
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

Jay Dorso has more than 25 years of experience in the financial industry. At Quality Senior Benefits, Jay specializes in helping seniors with every area of retirement planning. From Medicare plans to insurance and long-term care, Jay helps set his clients up for success in retirement. Quality Senior Benefits is an independent firm that offers a wide range of insurance and financial services products.
-
Cord Cutting Could Help You Save Over $10,000 in 10 Years
How cutting the cord can save you money and how those savings can grow over time.
-
The '8-Year Rule of Social Security' — A Retirement Rule
The '8-Year Rule of Social Security' holds that it's best to be like Ike — Eisenhower, that is. The five-star General knew a thing or two about good timing.
-
Cord Cutting Could Help You Save Over $10,000 in 10 Years
How cutting the cord can save you money and how those savings can grow over time.
-
The '8-Year Rule of Social Security' — A Retirement Rule
The '8-Year Rule of Social Security' holds that it's best to be like Ike — Eisenhower, that is. The five-star General knew a thing or two about good timing.
-
Should I Buy Stocks or Should I Buy Bonds Right Now?
Generally speaking, stocks provide reasonable growth while bonds provide stable income. Each play important roles in diversified portfolios.
-
Tips for Expat Retirees, From Expat Retirees
You may enjoy a lower cost of living by moving abroad, but it requires careful planning.
-
You Were Planning to Retire This Year: Should You Go Ahead?
If the economic climate is making you doubt whether you should retire this year, these three questions will help you make up your mind.
-
Are You Owed Money Thanks to the SSFA? You Might Need to Do Something to Get It
The Social Security Fairness Act removed restrictions on benefits for people with government pensions. If you're one of them, don't leave money on the table. Here's how you can be proactive in claiming what you're due.
-
From Wills to Wishes: An Expert Guide to Your Estate Planning Playbook
Consider supplementing your traditional legal documents with this essential road map to guide your loved ones through the emotional and logistical details that will follow your loss.
-
Why Investing Abroad Could Pay Off
Countries overseas are stimulating their economies, and their stocks are compelling bargains.