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The 3 Most Common Estate Planning Mistakes You Could Be Making

BY: Law Offices of Andrew Cohen | November 12, 2024

Estate planning is crucial for securing your future and ensuring your assets are managed and distributed according to your wishes. However, many people unknowingly make common mistakes that can undermine their efforts. Working with a Santa Clarita estate planning lawyer can help you navigate these complexities, but knowing the most frequent errors can give you a head start. Here are the three most common estate planning mistakes you could be making.

1. Not Updating Your Estate Plan Regularly

One of individuals’ biggest mistakes is failing to update their estate plans over time. Life events such as marriage, divorce, the birth of children, or significant changes in your financial situation can all affect your estate plan. If you don’t update your plan to reflect these changes, you may unintentionally leave out loved ones or assets you want to include.

For example, if you have recently had a child, your will or trust should be updated to include provisions for their care and inheritance. Similarly, if you have gone through a divorce, your former spouse may still be listed as a beneficiary on various accounts or documents, leading to potential disputes.

2. Relying Solely on a Will Instead of a Trust

Many individuals make the mistake of relying only on a will to distribute their estate. While a will is an important component of any estate plan, it does not offer the same level of protection and flexibility as a trust. A will goes through the probate process, which can be time-consuming and costly. Additionally, it may not provide safeguards for protecting your assets from creditors or future legal issues.

On the other hand, a trust allows your estate to bypass probate, which means your beneficiaries can receive their inheritance faster and without the expenses associated with the probate court. An estate planning lawyer in Santa Clarita can help you understand the benefits of a trust and whether it makes sense for your situation.

3. Failing to Plan for Incapacity

While most estate planning focuses on the distribution of assets after death, it is equally important to plan for the possibility of becoming incapacitated. Without the right provisions in place, your loved ones may have to go through a lengthy court process to obtain guardianship or conservatorship to make decisions on your behalf.

Key documents, such as a durable power of attorney and a healthcare directive, can ensure that someone you trust is authorized to make financial and medical decisions for you if you are unable to do so. These legal tools give you peace of mind, knowing that your wishes will be followed during incapacity.

Get Expert Help to Avoid Mistakes

Estate planning can be complicated, and even small mistakes can lead to serious consequences for you and your family. If you want to ensure that your estate plan is comprehensive and tailored to your specific needs, consulting with an experienced estate planning lawyer is essential. At the Law Offices of Andrew Cohen, a Santa Clarita estate planning lawyer can provide the guidance and support you need to create a solid plan for the future.

Schedule a Free Consultation Today


Don’t wait until it’s too late to protect your legacy. Contact the Law Offices of Andrew Cohen today to schedule a free consultation. Call 661-481-0100 to speak with a skilled estate planning lawyer in Santa Clarita who can help you avoid common mistakes and build a plan that safeguards your assets and loved ones.

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