Estate planning missteps can hike costs and fuel family disputes, lawyers say

Estate lawyers say the biggest missteps in wills go beyond drafting errors and can complicate probate, raise costs, and strain family relationships at a difficult time. The focus for many clients is not just what a will says, but how it is structured, maintained, and tied to other estate planning tools that control access to assets after death.

A Caring.com survey of 2,500 Americans conducted in 2020 found that roughly two thirds do not have a will, a statistic that has persisted even as the pandemic heightened awareness around end of life planning. Procrastination and the belief that there is not much to leave were cited as the top reasons people gave for not having completed a will. Estate planning professionals say the absence of documents is a common tragedy they encounter, and that even minimal planning can spare families financial and emotional strain during an already trying period. In explaining why comprehensive planning matters, one attorney notes that almost everyone over the age of 18 could benefit from at least basic estate documents.

First, many people try to share the administration of the estate by naming co-executors. While the impulse to distribute responsibility seems fair, it frequently leads to conflict and costly litigation. A single executor with alternates is generally more efficient; when multiple executors disagree, the process can stall. One attorney recalls a case with seven co-executors that became difficult to manage, prompting waivers and the risk that two sides might fight over decisions such as whether to sell a house. Experts advise keeping the number small and ensuring that the chosen executor has clear guidance and access to independent legal counsel to navigate conflicts of interest. An odd-number approach for multiple executors can help, but even then it may not prevent disputes if communication breaks down.

Second, a will is not a magic shield against probate. Probate remains a possibility when assets are titled solely in a decedent’s name, and a will only directs bequests after probate begins. A Wisconsin practitioner highlights a concrete example where a residence titled solely in the decedent’s name required probate, despite a will directing even distributions. The cost of probate in that scenario ended up far higher than a simple transfer on death designation would have been, illustrating how a small planning decision can yield large downstream costs. Practitioners emphasize the value of trusts or beneficiary designations to avoid probate for many assets and to streamline the transfer process.

Third, vague language about sentimental items can sow disputes among heirs. Equal shares of an estate may be fair on paper, but they do not account for keepsakes or irreplaceable items with emotional significance. Without specificity, family members may disagree over who should receive a particular painting or heirloom, and even well intentioned relatives can end up at odds after a loved one has passed. Attorneys suggest specifying who should receive high sentimental value items and documenting any conditions or shared arrangements to reduce friction.

Fourth, failing to update the plan as life changes can render even a solid estate plan ineffective. Major life events such as marriage, divorce, the birth of children, or the death of a beneficiary require revisiting and revising documents. Experts typically recommend reviewing an estate plan every five to seven years, or sooner if a major life event occurs. Without updates, a plan may misalign with current family dynamics and financial circumstances, potentially affecting how assets are distributed or who is named as guardian or executor.

Fifth, the actual bequests deserve careful consideration regarding timing and impact. Simply leaving money to a beneficiary may not help them at the moment of need. It is important to think about the recipient's maturity, life stage, and risk factors such as potential debt, divorce, or addiction. In some cases, outright gifts to younger beneficiaries can affect financial aid eligibility or lead to inefficient use of funds. For older recipients, questions about mental capacity or eligibility for certain government programs may arise and require protective methods such as trusts or staged distributions rather than outright bequests.

Sixth, many people neglect to include clear instructions about where to locate important documents. If originals are misplaced or their location is unknown, families may face a time-consuming search during a period of grief or crisis. Practitioners urge clients to store originals in a safe place and to provide trusted contacts the proper information, including the attorney handling the matter, to prevent delays in execution.

Seventh, and arguably most important for those seeking a durable, enforceable plan, is the choice of legal counsel. Estate planning is a specialized field with many potential traps for the unwary. Working with someone who lacks expertise can leave gaps and oversights that complicate administration or undermine the intent of the plan. Prospective clients are advised to seek specialists and vetted referrals, such as networks from professional associations, to ensure that the attorney has proven experience in estate law and trusts, probate, and asset protection.

The financial stakes of good estate planning are substantial. Probate costs and delays can erode the value of an estate and increase emotional strain on relatives and beneficiaries. In contrast, a well structured plan that leverages trusts, beneficiary designations, and carefully chosen guardians and executors can accelerate transfers, minimize taxes where possible, and reduce disputes. The overarching message from estate planning professionals is clear: do not delay, and do not assume that a simple will alone will solve every issue. Proper planning requires ongoing attention, collaboration with qualified specialists, and a detailed approach to assets, designations, and family dynamics.

For those seeking guidance, many attorneys point to a national resource that can help connect individuals with planners who focus on estate law and asset protection. In addition to local law firms, professional associations offer vetted referrals and continuing education that help ensure planners stay current on state law changes and probate rules. The goal is to marry legal precision with practical, compassionate planning that respects both financial realities and family relationships.