Estate planning is one of the most important steps you can take to protect your loved ones and your legacy. However, simple mistakes can create unnecessary stress, delays, and even legal battles for your family. Whether you’re creating your first plan or updating an existing one, knowing what to avoid can help ensure your wishes are carried out smoothly.
Here are some of the most common estate planning mistakes and how to avoid them.
1. Not Having an Estate Plan at All
The biggest mistake is not having a plan in place. Without one, Florida’s intestacy laws will determine who inherits your assets—often without regard for your personal wishes. This can leave your family in a difficult position, forcing them to go through probate court and making decisions without your guidance.
How to Avoid It: Start with basic documents like a will, durable power of attorney, and healthcare surrogate designation. Even a simple plan is better than no plan at all.
2. Failing to Update Your Plan
Life changes—such as marriage, divorce, the birth of a child, or financial shifts—can impact your estate plan. Outdated documents may no longer reflect your current wishes, leaving loved ones unprotected or assets distributed in unintended ways.
How to Avoid It: Review your plan every few years or after major life events to keep it up to date.
3. Not Naming Backup Beneficiaries or Guardians
If your primary beneficiary or chosen guardian is unable to serve, the court will make decisions on your behalf—often without considering your preferences.
How to Avoid It: Always name alternate beneficiaries and guardians to ensure a smooth transition.
4. Forgetting to Update Beneficiary Designations
Certain accounts—such as life insurance policies and retirement accounts—bypass your will and go directly to the named beneficiary. Failing to update these designations can lead to unintended inheritances.
How to Avoid It: Regularly review and update beneficiary forms on all financial accounts.
5. Not Planning for Incapacity
Estate planning isn’t just about death—it also covers situations where you may become unable to make decisions due to illness or injury. Without proper legal documents, your loved ones may need court approval to manage your finances or healthcare decisions.
How to Avoid It: Include a durable power of attorney, healthcare surrogate designation, and living will in your estate plan.
6. Trying to DIY Your Estate Plan
Online templates may seem like a cost-effective solution, but they often fail to address important legal details. Florida has specific laws regarding wills and trusts, and a one-size-fits-all approach can leave gaps in your plan.
How to Avoid It: Work with an experienced estate planning attorney to ensure your plan is legally sound and customized to your needs.
7. Not Communicating Your Wishes
Even the most well-prepared estate plan can cause confusion if your loved ones don’t know about it or where to find important documents.
How to Avoid It: Have conversations with your family about your plan and let them know where your documents are stored.
Final Thoughts
Estate planning is about more than just paperwork—it’s about protecting your family and leaving clear instructions for the future. By avoiding these common mistakes, you can create a plan that truly reflects your wishes and provides peace of mind for your loved ones.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.