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Writer's pictureSarah Morris Ocampo

Top 3 Most Common Estate Planning Mistakes

Updated: Aug 19


Planning your estate is crucial, but many people make mistakes that can cause significant issues later.



Here are three common estate planning errors and how to avoid them:


Mistake #1: Not Having an Estate Plan


A major mistake people make is not having an estate plan. This often happens when someone assumes everything will be fine without one.


Without a clear estate plan, there are no specific instructions on who should receive your belongings. Instead, the state where you live, like Nevada, will determine the distribution according to its laws, which can be messy and may not align with your wishes.


Therefore, it's essential to create an estate plan to ensure your assets go to the right people.


Mistake #2: Relying on Online Forms


Another common mistake is using generic online forms to create an estate plan. Some people believe they can simply find a "living trust form" online, fill in the blanks, and be done.


However, these documents often become invalid because they weren't completed correctly. To ensure your estate plan is legally sound, it's much better to consult a licensed attorney who understands the laws in your state.


They can help you create a reliable and effective estate plan.


Mistake #3: Not Updating the Plan


Failing to update an estate plan is another significant error. As life changes, your estate plan needs to be revised to reflect these changes.


For example, if you acquire new assets, they must be included in your trust. Or if your circumstances change and you want different people to inherit your assets, your plan must be updated accordingly.


If not, the old provisions will still apply, potentially causing conflicts. To avoid these issues, regularly review and update your estate plan.


Conclusion


Creating and maintaining an up-to-date estate plan ensures your assets are distributed according to your wishes. If you need assistance, contact an attorney who specializes in estate planning.


Taking these steps will help safeguard your legacy and provide peace of mind.

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