Avoiding Common Estate Planning Mistakes

Why good plans go wrong

Estate planning is meant to create peace of mind, but even carefully drafted documents can fall short if they’re outdated, incomplete, or misunderstood. The most common mistakes happen not because people don’t care, but because life changes faster than paperwork. Understanding these pitfalls helps ensure your plan works exactly as intended when it matters most.

Before reading further, review Choosing the Right Estate Planning Tools for context on how wills, trusts, and designations should align.

1. Relying only on a will

A will is foundational, but it may not cover everything. Assets with beneficiary designations—like life insurance or retirement accounts—bypass your will entirely. Without coordination, these assets can go to someone different from your written intentions. Review and update designations alongside your will.

2. Ignoring beneficiary designations

Outdated forms are one of the biggest sources of unintended inheritances. If your ex-spouse is still listed on a 401(k), the designation may override any new will or trust. Update all beneficiary forms after major life changes to ensure they align with your estate documents.

3. Forgetting to fund a trust

Creating a revocable living trust is only half the job. You must retitle property and accounts into the trust’s name or designate the trust as a beneficiary. If you forget, those assets still go through probate. For a deeper explanation, see Comprehensive Guide to Trusts.

4. Not planning for incapacity

Estate planning is not just about death. Without a durable financial power of attorney or medical power of attorney, your family may need a court-appointed guardian to handle decisions. These simple documents can save months of delay and thousands of dollars in legal costs.

5. Skipping a backup plan

Designate alternates—backup executors, trustees, and guardians. Life changes quickly; people move, age, or become unable to serve. Having alternates avoids emergency appointments and keeps your plan moving.

6. Failing to address digital assets

More of our lives now exist online: banking portals, cloud accounts, photos, and cryptocurrency. Without clear authorization, family members may lose access entirely. Include digital asset instructions in your power of attorney and estate documents. See examples of asset listing methods in Understanding Your Assets for Estate Planning.

7. Overlooking tax and debt implications

Texas doesn’t have a state estate tax, but federal rules and income taxes still matter. Failing to plan for retirement distributions, property tax reassessment, or debt payoff can reduce what your beneficiaries ultimately receive. A coordinated review with your lawyer and accountant can prevent these surprises.

8. Never updating your plan

Marriage, divorce, births, deaths, and relocations can all change what you need. A stale plan can be as dangerous as no plan. Schedule a periodic review every few years or after life events. We explore what triggers updates in Maintaining an Estate Plan Over Time.

9. Choosing the wrong executor or trustee

Responsibility and availability matter more than family hierarchy. A trusted professional or neutral party may be better than a relative if family conflict is likely. Learn about executor responsibilities in Three Disadvantages of Probate.

10. Doing nothing at all

Procrastination is the biggest estate planning error. Without any plan, the state decides who inherits, who cares for your children, and how long the process takes. Even a basic will and power of attorney provide essential control and protection.

Preventing mistakes before they happen

Work with a qualified estate planning attorney familiar with Texas law. Keep documents simple enough that loved ones can follow, but detailed enough to cover real-life complications. Store originals safely and tell your executor where to find them. Update your estate binder or digital vault after every significant event.

Next in this series

The next article explores how to choose executors, trustees, and agents—and what qualities matter most. If you see “Coming soon,” it’s scheduled and will update automatically once published. You can always return to the Series Hub for all related topics.

Contact our Houston estate planning attorneys

Brown Law PLLC helps clients fix or update outdated plans, coordinate designations, and ensure their documents truly reflect their wishes. Contact our team to review your plan and avoid common pitfalls.

FAQs

How often should I update my estate plan?

Every 2–3 years or after major life changes such as marriage, divorce, births, or relocations. Laws and financial situations evolve, so regular reviews keep your plan accurate.

What happens if my will and beneficiary forms conflict?

The beneficiary form usually controls that account, regardless of what the will says. Always align them to avoid confusion and disputes.

Can I fix mistakes after someone passes away?

Sometimes—through disclaimers, corrections, or court petitions—but it’s much easier and less expensive to correct issues while the person is alive.