Top 5 Estate Planning Mistakes and How to Avoid Them

Estate planning is one of the most important things you can do to protect your assets, your legacy, and your loved ones. Unfortunately, even well-intentioned people make common mistakes that can lead to confusion, delays, or costly legal issues.

In this post, we’re covering the top 5 estate planning mistakes—and exactly how you can avoid them.

🔴 1. Not Having an Estate Plan at All

The Mistake:
Many people believe estate planning is only for the wealthy or older people. This assumption leads to procrastination—or no plan at all.

Why It Matters:
Without a will or trust, state law decides who gets what. This often results in long, expensive probate proceedings and outcomes that may not reflect your wishes. It is particularly important in Kansas if you own a home as there are ways to avoid probate of your real estate through transfer on death deeds.

How to Avoid It:
Start now. Even a simple estate plan provides clarity and peace of mind. Our firm can help you create a plan tailored to your goals and family needs.

🔧 2. Using DIY Templates or Online Legal Forms

The Mistake:
Online will templates and DIY services can appear cost-effective, but they come with hidden risks.

Why It Matters:
Generic documents often don’t comply with state laws, and they may miss critical clauses that protect your family or estate. You also might not realize some common pitfalls that could result in your wishes not being followed.

How to Avoid It:
Work with an experienced estate planning attorney who can draft custom documents that reflect your unique situation and comply with all legal requirements.

🔁 3. Forgetting to Update Your Estate Plan

The Mistake:
Estate plans are often written once and never revisited—even after major life events.

Why It Matters:
A plan that’s out of date may no longer represent your wishes or account for new family members, changes in assets, or legal changes.

How to Avoid It:
Review your plan every 3–5 years, or after any major life event (marriage, divorce, new child, retirement, etc.). Our firm provides free reviews of existing documents to see if they need to be updated.

👥 4. Not Updating Beneficiary Designations

The Mistake:
Forgetting to update the named beneficiaries on retirement accounts, life insurance, or payable-on-death accounts.

Why It Matters:
These designations override your will or trust. For example, an ex-spouse or outdated relative could unintentionally inherit an account.

How to Avoid It:
Regularly review and update all beneficiary designations to ensure they align with your overall estate plan. This is true even if you think that all accounts have beneficiary designations as often times an account is missed and taking a few minutes the next time you talk to your bank or financial planner to verify designations could help avoid problems for your heirs.

🛑 5. Ignoring Incapacity Planning

The Mistake:
Most people focus only on what happens after death and neglect planning for incapacity due to illness or injury.

Why It Matters:
Without a power of attorney or healthcare directive, your loved ones may have to go through court just to make decisions on your behalf.

How to Avoid It:
Include a durable power of attorney and advance healthcare directive as part of your estate plan. These documents ensure trusted individuals can act on your behalf if needed. We often tell your clients that powers of attorney are the most important documents they will sign as it will allow a trusted family member to help them handle their affairs and make medical decisions on their behalf if they are unable to do so.

✅ Final Thoughts

A well-crafted estate plan protects your loved ones, minimizes taxes and delays, and gives you control over your legacy. Avoiding these common mistakes helps ensure your wishes are followed—and your family is supported.

📞 Ready to Create or Update Your Estate Plan?

Whether you’re starting from scratch or updating an outdated plan, our team is here to help.

👉 Contact us today to schedule a free consultation.