6 Common Estate Planning Mistakes You Must Avoid

May 27, 2025
Jennifer Nichols

Estate planning mistakes can be costly for you and your loved ones. Did you know that over 50% of Americans do not have a will or an estate plan? That is a huge mistake that could leave your loved ones facing unnecessary stress and financial burdens. Estate planning is not just about having a will—it is about having the right plan in place to protect your legacy.

Here are six of the most common estate planning mistakes and how you can avoid them.

1. Not Having an Estate Plan at All

The biggest mistake? Not having a plan in place. You might think I don’t need a will, but the truth is, everyone—regardless of their assets—should have an estate plan. Without one, your assets could be distributed according to state law, which may not align with your wishes. Creating an estate plan is easier than you think, and it will give you and your loved ones peace of mind.

2. Procrastinating

Many people put off estate planning, thinking they will get to it later. But life is unpredictable, and waiting too long can leave your family scrambling in a crisis. If you don’t have a plan, your assets could end up in probate, and your loved ones may face unnecessary legal battles. What is the best time to start your estate plan? Right now.

3. Thinking You Are Too Young for an Estate Plan

Whether you are 30 or 70, estate planning is important. If you’re a young parent, you need to consider guardianship for your children. If something happens to you, who will care for them? You also do not want to leave your estate to a minor beneficiary without proper legal guidance. If you are older, there may be more complex issues to address, such as long-term care planning and tax strategies. No matter your age, having a plan in place ensures your assets are distributed according to your wishes.

4. Trying to Be a Perfectionist

Estate planning can feel overwhelming, and many people get stuck in analysis paralysis. Some spend so much time second-guessing their decisions that they never actually create a plan. But here is the truth: your estate plan does not need to be perfect. It just needs to be in place. The good news? You can always update it as your life changes.

5. DIY Estate Planning

Sure, there are online will kits and DIY estate planning tools, but creating a legally sound estate plan is not as simple as filling out a form. The wording in your will and other documents is critical—one mistake could mean your wishes are not legally enforceable. Estate laws are complex, and working with an experienced professional ensures that your plan is done correctly and in line with state regulations.

6. Ignoring Tax Implications

Many people do not realize that estate taxes and taxes on retirement assets can significantly reduce the inheritance they leave behind. Without proper planning, your beneficiaries could face hefty tax burdens. An estate planning expert can help you navigate tax rules and minimize the financial impact on your loved ones.

Contact J Nichols Law for All Your Estate Planning Needs

Estate planning is more than just writing a will—it is about protecting your loved ones, minimizing taxes, and ensuring your legacy is carried out according to your wishes. By avoiding these common mistakes and taking proactive steps now, you can create a plan that truly works for you and your family.

If you are ready to start your estate plan or want to make sure your current plan is up to date, now is the time to act. Do not wait—your future and your family’s well-being depend on it. Contact us today to schedule a consultation.