Texas Board of Legal Specialization
Certified Financial Planner
Texas Bar College

6 Mistakes to Avoid When Creating an Estate Plan

Elliott Estate Law, PLLC Team

Estate planning is a crucial step in ensuring your family’s financial future and protecting your legacy. However, it is easy to make mistakes that could lead to complications down the road. What preventable missteps should you keep in mind?

Mistake #1: Assuming estate plans are only for wealthy or elderly people

Many people delay creating an estate plan. However, those delays could mean that the law defines what happens to your possessions if you pass away unexpectedly. Regardless of your age or financial status, having a basic estate plan can provide peace of mind and protection for your loved ones.

Mistake #2: Failing to make updates

Life changes such as marriage, divorce, births or deaths can significantly impact your estate plan. Even subtle changes to your income or health over time can lead to outdated or incorrect information. Failing to regularly review the plan can mean that your estate plan does not fit your wishes.

Mistake #3: Overlooking beneficiary designations

Many people forget to update beneficiary designations on accounts like life insurance, retirement plans and bank accounts, which can result in assets going to unintended recipients. It is important to regularly review and update your beneficiary designations to ensure they align with your current wishes.

Mistake #4: Choosing the wrong executor or trustee

Selecting an executor or trustee who is not capable or willing to fulfill the responsibilities can lead to delays, disputes or mismanagement of your estate. Instead, choose someone who is trustworthy, organized and able to handle the duties required. Discuss your decision with them beforehand to ensure they are willing to take on the role.

Mistake #5: Assuming that estate plans are only for after you pass away

While one important aspect of estate planning is leaving your assets to your loved ones, that is only one part of creating a plan. Failing to plan for potential long-term care needs can deplete your estate, leaving little for your heirs. Failing to plan for incapacitating health issues or injuries could mean that someone you do not trust makes decisions about your care or finances. Creating a comprehensive plan can prevent these issues.

Mistake #6: Doing it yourself

Many people today attempt to create a DIY estate plan. However, attempting to create an estate plan without professional guidance can lead to errors, omissions and legal issues.

Consulting with an experienced estate planning attorney to ensure your plan is comprehensive and legally sound. They can help navigate complex legal requirements and tailor the plan to your specific needs.

Avoiding potential pitfalls can help you create a plan that works for you

By avoiding these common mistakes, you can create a robust estate plan that protects your family’s future and ensures your wishes are honored. Taking the time to plan effectively now can provide peace of mind for you and your loved ones.

Client Reviews

My relationship with John Elliott, (from Elliott Estate Law, PLLC) began in the summer of 2018, after I received very disturbing news concerning unlawful financial exploitation of my elderly mother who was living in Texas. Sadly, the exploitation was being perpetrated by a family member who was also...

Markus Gmelin

Mr John T. Elliott represented us in a family matter and we were very satisfied with the outcome. We strongly suggest having him represemt your interest.

Ellie Weiser

John Elliott is by far the best Man for a Texas probate law job. Almost immediately I was put at ease by his sincere and professional demeanor. His working recall and knowledge of Texas Probate code is phenomenal. He handled my cases efficiently and got the job done in spite of various bumps in...

Carmen Faughtenbery

My family has been working with Mr. Elliott for over ten years. He is very good at what he does, I highly recommend him. He handled several issues for us, related to trusts, wills, estate planning and probate. He is very caring and listens to your needs, stepping in to offer advise and counsel not...

Eddie Weir

Be Heard. Get Your Questions Answered.

In preparing for your future and guiding you through the present, I will listen before providing the answers you seek. Let’s talk. Send me an email to schedule a consultation.

Leave Us a Message