Most estate planning mistakes happen because people assume they have more time. According to a 2024 Caring.com survey, only 32% of Americans have a will, a 6% decline from the year before. This means nearly 7 out of 10 adults have no legal plan in place. This can result in probate court, family conflict, and assets tied up for months.
At Jarvis Law Office, we see how quickly avoidable mistakes turn into probate headaches. That’s why we focus on helping families keep their assets out of court and in the hands of the people they care about. With strategies like trust-based planning and support for transferring assets properly, we make sure your plan works
Mistake #1: Not Having an Estate Plan at All
If you die without an estate plan, the state decides who gets your stuff, who raises your kids, and how long it all takes. No will means no control.
Here’s what that leads to:
- Long probate delays (9-12+ months)
- Expensive legal fees
- Family disputes
- Courts picking guardians
People skip estate planning because they think they’re too young, don’t own much, or it’s too complicated. None of that matters when something unexpected happens.
How to avoid it
- Write a will or a trust, depending on your situation
- Use the proper beneficiary designations
- Name a power of attorney
- Set up a healthcare directive
Mistake #2: Not Updating the Plan After Life Events
Estate plans aren’t “set and forget.” If your life changes, your plan should too. Marriages, divorces, births, deaths, or moving to a new state all impact your documents.
According to Caring.com (2025), nearly 25% of Americans have never updated their estate plans after creating them, and some haven’t looked at theirs in 10–15 years.
Outdated plans cause problems like:
- Ex-spouses getting assets
- New children are being left out
- Trusted people no longer listed as decision-makers
- Your goals have changed, and are no longer being achieved
- State laws invalidating parts of your plan
How To Avoid It
- Review your plan every 1–2 years
- Update after major life events
- Check that your executor, guardians, and beneficiaries are still correct
Mistake #3: Forgetting to Update Beneficiary Designations
Your will doesn’t control everything. Accounts like life insurance, retirement plans, and bank accounts with “payable on death” designations go directly to the named beneficiary, no matter what your will says.
If your beneficiary list is old, you could accidentally leave money to:
- An ex-spouse
- A deceased relative
- The wrong child or sibling
How To Avoid It
- Review beneficiary forms for every major account
- Update them after life changes (marriage, divorce, birth, death)
- Make sure names match exactly, no nicknames or errors
Mistake #4: Not Planning for Incapacity
Estate planning also covers what happens if you’re alive but can’t make decisions.
A 2021 AARP poll found that 54% of adults 50+ don’t have a medical power of attorney or advance directive. That means most older Americans have no legal backup if they become incapacitated.
Without legal documents in place, no one, not even your spouse, can automatically:
- Access your bank accounts
- Make medical decisions
- Manage your bills or property
That means courts may appoint someone for you, and it might not be who you’d choose.
How To Avoid It
- Assign a financial power of attorney to handle money matters
- Assign a medical power of attorney for healthcare decisions
- Create a living will to outline your treatment preferences
Mistake #5: Misunderstanding Trusts
By not utilizing trusts, many people often rely on wills alone, and miss key benefits like privacy and control over distribution. Most people believe that trusts are only for the uber wealthy, and that isn’t the case. Middle-class working families who have a home and modest savings can greatly benefit from trusts.
Skipping a trust when one’s needed can lead to:
- Probate delays
- Public exposure of your estate
- Minors getting full access to assets at 18
- Poorly managed inheritances
How To Avoid It
- Use a revocable living trust to keep assets out of probate
- Set up specific trusts for kids, blended families, or special needs situations
- Talk to an estate attorney to see which trust fits your goals
Mistake #6: Assuming a Will Avoids Probate
A will doesn’t skip probate, it sends your estate straight into it. Probate is a court process that can be slow, expensive, and public. Based on a 2024 study by Trust & Will, the average estate takes about 20 months to go through probate, yet only 2% of Americans expect it to take that long. That’s a big gap between expectation and reality.
Even with a valid will, your family may still deal with:
- Court fees and legal costs
- Delays that stretch for months
- Public records of who gets what
How To Avoid It
- Use a revocable living trust to bypass probate for most assets
- Add transfer-on-death (TOD) or payable-on-death (POD) designations where allowed
- Keep assets titled properly (especially real estate)
Mistake #7: Relying on Verbal Promises
Telling someone they’ll “get the house” doesn’t make it legally binding. Verbal promises mean nothing in estate law, and they often lead to fights.
According to Caring.com (2025), 1 in 5 Americans without a will have only shared their wishes verbally. That’s not legally binding, and it leaves everything up to interpretation.
When there’s no written proof, you risk:
- Heirs challenging each other in court
- Assets are going to the wrong person
- Family relationships breaking down
How To Avoid It
- Put all instructions in your will or trust
- Use written documents for gifts or transfers
- Don’t assume “everyone knows what you meant”
Mistake #8: Ignoring Tax Implications
Estate taxes can shrink what your heirs receive. Even if federal taxes don’t apply, state-level taxes or capital gains might.
According to a 2024 survey by Vanilla, only 44% of Americans say they know their state’s estate or probate costs, the rest either guess or don’t know at all.
Skipping tax planning can result in:
- Large tax bills for your heirs
- Forced sales of property or assets
- Missed chances to protect wealth
How To Avoid It
- Know your state’s estate or inheritance tax laws
- Use trusts, gifting strategies, or charitable donations to reduce exposure
- Work with a tax advisor or estate attorney for personalized planning
Mistake #9: Not Making Your Wishes Accessible
Even the best estate plan is useless if no one can find it. If your will or documents are buried in a drawer, or worse, never shared, your family could be stuck guessing or starting from scratch.
Cambridge Trust (2022) found that 52% of adult children don’t know where their parents keep estate documents. That creates confusion and delays at the worst possible time.
This leads to:
- Delays in settling your estate
- Missed deadlines or legal steps
- Uncertainty about your true intentions
How To Avoid It
- Store documents in a safe but accessible place
- Give copies or access to your executor and key family members
- Use a digital vault or secure cloud storage if possible
- Involve your children in your planning so they know who to contact when the time comes
Mistake #10: Not Getting Professional Help
DIY estate plans might save money upfront, but they often miss key details. One wrong clause, outdated form, or missed state law can derail everything.
According to Gentreo (2023), 45% of Americans in their 30s and 40s have used, or are considering using, online estate planning tools. While some are fine for simple needs, complicated situations often require legal help.
Some DIY estate plans can cause:
- Invalid documents
- Family disputes
- Costly legal battles to fix mistakes later
How To Avoid It
- Work with an estate planning attorney familiar with your state’s laws
- Have documents reviewed if you used online templates
- Ask questions, don’t assume one-size-fits-all plans will work
Protect Your Legacy Before It’s Too Late
Most estate planning mistakes happen because people wait too long or don’t realize what’s missing until it’s too late.
At Jarvis Law Office, we help Ohio families stay out of probate court with solid trust-based planning, clear asset transfer guidance, and a one-time fee approach that saves time and money. You keep your financial advisors, and we help make everything work together.
If you’re ready to build or fix your estate plan, visit our Contact Page to get started.
