At Alperin Law & Wealth, we often meet clients who believe a simple will is all they need to secure their family's future. Unfortunately, that assumption can lead to costly and painful consequences.
A flawed estate plan - or worse, no plan at all - can cause confusion, spark family disputes, and leave your hard-earned assets vulnerable to taxes, creditors, and the court system. Even with the best intentions, outdated or incomplete plans can place a heavy burden on the people you care about most.
Here are 12 common estate planning blunders we see far too often—mistakes that can compromise your legacy and cause unnecessary stress for your loved ones.
1. No Plan for Healthcare Decisions
Most people will eventually face a time when they can’t make or communicate medical decisions. Without clear healthcare documents in place, your family and doctors are left guessing.
A comprehensive plan should include:
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Advance healthcare directives
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Healthcare power of attorney
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Financial power of attorney
These tools ensure your wishes are followed and your affairs are protected if you become incapacitated.
2. Not Naming a Financial Decision-Maker
Life happens—and there may come a time when you're unavailable or unable to handle financial matters. A financial power of attorney appoints someone you trust to manage your affairs, pay bills, and make legal decisions on your behalf. Without it, your family could be forced to go through court just to help you.
3. No Will or Trust in Place
Without a will or trust, your estate may go through probate, a long, public, and expensive court process. Worse yet, your assets will be distributed according to state law—not your wishes. A proper estate plan avoids delays, protects your family’s privacy, and ensures your legacy is passed on the way you intend.
4. Ignoring Digital Assets
What happens to your digital life when you’re gone? Without clear instructions, your family may be locked out of:
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Cloud photo storage
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Cryptocurrency and NFTs
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Online businesses or revenue streams
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Social media accounts
A modern estate plan includes digital assets to protect these valuable—and often sentimental—parts of your legacy.
5. No Protection for Your Children’s Inheritances
If your children go through a divorce, face lawsuits, or struggle with debt, their inheritance could be at risk. A well-drafted trust can safeguard their inheritance from creditors, courts, or ex-spouses—ensuring your legacy stays in the family.
6. Failing to Pass on Your Values
Your estate plan can be more than financial—it can reflect your values and priorities. Consider:
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Including a family mission statement
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Setting up charitable giving options
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Creating incentives for milestones like education or career goals
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Providing funds for family reunions or travel
Custom estate planning helps you pass on what truly matters—not just money, but meaning.
7. Mismanaging Retirement Accounts
If retirement accounts are passed directly to heirs without guidance, they may face a significant tax burden. A lump-sum withdrawal could trigger large income taxes. Instead, using an IRA trust can help protect these assets, manage distributions wisely, and minimize taxes.
8. Disorganized Records
Even the best plan can fail if your documents are scattered or incomplete. Your loved ones shouldn’t have to dig through drawers or emails to piece together your financial life. Organizing your records now ensures your plan is easy to follow when it matters most.
9. Not Planning for a Surviving Spouse’s Future
What if your spouse remarries or becomes the target of financial predators after your passing? Without protections in place, your estate could end up in the hands of someone you never intended. Trusts and other planning tools can help protect your spouse—and your legacy.
10. Family Conflicts Over Sentimental Items
Sometimes the biggest battles are over items with little financial value—heirlooms, jewelry, artwork, or keepsakes. A personal property memorandum allows you to designate who receives specific items, reducing the chance of arguments and helping preserve family harmony.
11. HIPAA Lockout
Federal privacy laws (HIPAA) can prevent even close family members from accessing your medical information if you become incapacitated. Including a HIPAA authorization in your estate plan ensures your chosen people can speak with your doctors and make informed decisions.
12. Outdated Estate Plan
An outdated plan can be just as risky as having none at all. Life events like marriage, divorce, births, deaths, relocations, and changes in the law can all impact your estate.
Ask yourself:
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Has it been more than 3–5 years since your last review?
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Have your beneficiaries or financial goals changed?
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Have you moved to another state or acquired new assets?
Regular updates ensure your plan remains aligned with your life and the law.
Don’t Leave Your Legacy to Chance
At Alperin Law & Wealth, we believe estate planning is more than a legal task—it’s a gift to your loved ones. If you recognize any of these estate planning blunders in your own documents—or if you haven’t reviewed your plan in years—now is the time to act.
Let us help you build a strategy that protects your assets, honors your wishes, and supports your family for generations to come.
📞 Schedule Your Estate Plan Review Today
Secure your future. Protect your legacy.
Contact Alperin Law & Wealth now for a personalized consultation.