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5 Common Estate Planning Mistakes to Avoid

Posted by Jason Johnson | Jan 11, 2024

Estate planning is an essential part of financial planning, but it can be a complex process. Unfortunately, many people make common estate planning mistakes that can have serious consequences. 

In this blog post, we will discuss five of the most common estate planning mistakes and offer tips on how to avoid them.

Mistake 1: Failing to update beneficiary designations

One of the most common estate planning mistakes is failing to update beneficiary designations on financial accounts or life insurance policies. Many people don't realize that beneficiary designations take precedence over wills or trusts, so if they haven't been updated, they may not reflect the person's current wishes.

To avoid this mistake, it's essential to regularly review and update beneficiary designations, especially after major life events like marriage, divorce, or the birth of a child.

Mistake 2: Not considering tax implications

Another common estate planning mistake is not considering tax implications. Failing to take into account the tax implications of your estate plan can result in a significant reduction in the value of your assets for your beneficiaries.

To avoid this mistake, work with an experienced estate planning attorney who can help you navigate the complex tax laws and create a plan that minimizes tax liabilities.

Mistake 3: Choosing the wrong executor or trustee

Choosing the wrong executor or trustee can also be a significant estate planning mistake. Executors and trustees have tremendous responsibilities and play a crucial role in ensuring that your wishes are carried out. Choosing the wrong person can result in delays, legal challenges, and potential conflicts among family members. 

To avoid this mistake, carefully consider your options and choose someone who is trustworthy, responsible, and willing to take on the responsibilities of executor or trustee.

Mistake 4: Failing to plan for incapacity

Many people make the mistake of assuming that estate planning only involves planning for what happens after they pass away. However, planning for incapacity is just as important. Failing to plan for incapacity can result in significant legal and financial challenges for your loved ones. 

To avoid this mistake, work with an estate planning attorney to create a plan that includes provisions for incapacity, such as a durable power of attorney or healthcare directive.

Mistake 5: Not regularly reviewing and updating your plan

Finally, one of the most common estate planning mistakes is failing to review and update your plan regularly. Estate planning is an ongoing process, and your plan should be reviewed and updated in the event of a life change to ensure that it reflects your current wishes and takes into account anything new in your financial or personal situation.

To avoid this mistake, schedule regular reviews of your estate plan with an experienced estate planning attorney and make updates as needed.

Conclusion

Estate planning is a complex process, and it's essential to avoid common mistakes that can have serious consequences. By regularly reviewing and updating your plan, carefully choosing your executor or trustee, planning for incapacity, considering tax implications, and updating your beneficiary designations, you can create an estate plan that protects your assets and provides for your loved ones. 

Don't wait until it's too late to start planning. Our team is here to help you get started on your estate planning; contact us today.

About the Author

Jason Johnson

Principal Attorney Jason C. Johnson received his Juris Doctor, with honors, from the University of Maryland School of Law and was admitted to practice law in Maryland in 2005. Jason started the practice in Annapolis after many years of law enforcement service. He was motivated to limit the pract...

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