Estate Planning Pitfalls And How To Avoid Them (Part 1)

Today, we look at the first five of ten common estate planning pitfalls that many people either ignore or misunderstand, and we lay out the real-life consequences of those mistakes. Estate planning is important not in terms of wealth, but in terms of reducing stress and preserving relationships when someone passes away. Whether or not someone is wealthy, a proper estate plan can prevent delayed decisions, misallocated assets, and elevated emotions for surviving loved ones - during a very stressful time.

The first pitfall we tackle is not having a will at all. If someone dies without a will, their state—not their estate—decides who inherits what, based on legal formulas that ignore personal relationships or intentions. These formulas differ by state and often don’t align with what people assume will happen.

Next, we highlight the danger of outdated documents. Many people who think they’re covered by old wills or plans don’t realize that state laws or life changes—like moves, marriages, or children—can render those documents ineffective. We share a story of a family who thought they were protected, only to find out their paperwork didn’t align with their current state’s laws.

Then, we move into beneficiary designations, which can override a will because they’re treated as contracts. If those designations are outdated, such as naming an ex-spouse, the wrong person could end up with assets, regardless of what the will says. This is why reviewing beneficiaries regularly is crucial.

The fourth pitfall is unfunded trusts. Setting up a trust isn’t enough—it has to be funded, meaning the assets need to be formally moved into the trust. Without doing this, the trust is an empty safe, and the probate process still applies. We discuss a case where a well-intentioned trust ended up being completely ineffective because it wasn’t properly funded.

Finally, we address the lack of incapacity planning. Many people forget to prepare for a scenario where they’re alive but unable to make decisions. Without healthcare directives or powers of attorney, families may have to go to court just to pay bills or make medical decisions—adding legal stress to already emotional situations.

We wrap up by reiterating the importance of having clear, updated, and legally valid documents in place—not just for your sake, but for those you care about. In Part 2, we’ll continue with the next five pitfalls to avoid.

To get in touch with Amy and her team at Thimbleberry Financial, call 503-610-6510 or visit thimbleberryfinancial.com.