The procrastinators may believe that they have too few assets, the process would be too costly, or they are too young to worry about dying. But everyone over 18 should have some estate plan, regardless of their estate’s value. The goals are to provide clarity, minimize probate, protect family unity, and avoid conflict.
Despite excellent intentions, many will-makers stumble into certain missteps. These errors can destroy their entire estate plan. Attorneys weigh in below on some typical mistakes they come across most frequently.
What could go wrong with your assets and beneficiaries?
Last-minute emergency deathbed pressures can cause confusion, which may lead to challenges from disgruntled heirs. They may question your final wishes, claiming you were acting under duress or mentally incapacitated, so get your affairs in order early.
If you are leaving out someone who expects to inherit, there are two schools of thought. Some lawyers suggest you add a specific explanation, while others warn that it might expose you to litigation. It may be best to leave just a token amount to certain people in order to indicate you have not passed them over unintentionally. You may alternatively want to discuss it with them in advance to mitigate resentment or scotch a potential lawsuit.
Some key issues:
- Asset values fluctuate, so think in percentages rather than fixed amounts.
- The value of a particular account or stock could implode, leaving an intended beneficiary a worthless inheritance.
- Be careful not to strip your heirs’ portions by leaving too much to designated charities.
- Navigate sensibly between being too specific or too vague. Cookie-cutter online services are not state-specific, either.
- Keep life insurance separate in order to bypass creditors and attorneys’ fees.
- Your generous gifts might boomerang, disqualifying recipients from Medicaid or college financial aid. (If this is something you are concerned about, read this additional blog post)
- Update regularly to match your changing life circumstances, such as new grandchildren.
- Include a residuary clause for leftover assets.
Execution and storage of your Will
It is critical to use competent, reliable, and trustworthy executors. Some will-makers fail to anticipate that executors may predecease them, so always include an alternate as a backup in case your primary choices are unavailable or decline to serve. Also, confirm the executors’ willingness first. It is often advisable to nominate just one executor (and add alternates) to avoid expensive family disputes, such as whether to sell a home. Worst case, an odd number of executors is preferable to allow a vote.
Choose witnesses judiciously, and make them write their names legibly so they can be traced. Never use witnesses who are also named beneficiaries in the will; in some states, their bequests may be voided.
Physical storage is another risk. A safe-deposit box may not be allowed to be opened without a court order, entailing delays and expenses. Never physically alter your will document. Even removing a staple might seem innocuous, but it could put a fly in the ointment.
Crypto assets present a special minefield. Keep careful records, and leave executors instructions on how to access accounts or a hardware wallet. Don’t store them on an old computer that could be jettisoned in the local dump. Remember that passwords or private keys in your will can become public during probate.
Sentimental keepsakes
Those irreplaceable objects that represent a family’s past life and history can kindle the most intense emotions. These keepsakes can range from items such as jewelry, watches, pictures, and furniture to letters, an old baseball glove, and recipe cards.
One way to avoid setting off a years-long war is to make sure to assign particular articles to designated recipients in advance.
In any case, you might need to find an appraiser so the objects can be appropriately insured.
As you prepare your will, make sure to work with an attorney who is experienced in estate law and can help you avoid the pitfalls. If you are in the Sonoma/Marin County area, reach out to our office to see how we can help you towards peace of mind.
- Using Values in Estate Planning - August 17, 2026
- What Happens If You Become Mentally Incapacitated Without an Estate Plan? - August 12, 2026
- Protect What You Leave to Your Heirs - August 10, 2026
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