Seven Big Mistakes People Make When It Comes to Estate Planning (2024)

It can be difficult to put a value on a lifetime of accumulation — your money, your home, its furnishings, souvenirs from vacations, treasured gifts from your family. It’s a joy to collect these items over the years, but too few consider what will happen to it all when they’re no longer around.

From your life savings, to your digital assets, to what will happen to any beloved pets — all these things must be considered when estate planning. And while a qualified professional can help guide you through the process, there are still some mistakes people commonly make along the way.

As leaders in the financial space, the members of Kiplinger Advisor Collective have seen numerous mistakes made by well-intentioned people who maybe just didn’t have the right information at their disposal. So here, they discuss those common mistakes and the advice they would give instead to ensure the estate planning process is a smooth one for all involved.

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They forget to implement their estate plan
“One of the biggest mistakes people often make when it comes to estate planning is creating the estate planning documents but then forgetting about implementing their estate plan. It is important to create, implement and monitor your estate planning documents. As part of the estate planning process, be certain to inform your trusted loved ones with copies of your documents.” — Marguerita Cheng, Blue Ocean Global Wealth

They think they have plenty of time
“The biggest mistake people often make is thinking that dying happens to other people! They don't take their own mortality seriously, or they wait until it’s too late when it comes to their loved ones' planning needs. My advice would be to think about what plans you have in place for your legacy, give some thought to the importance of it and read some simple literature on the topic.” — Adrienne Rowles, Thrivent Investments

They neglect to set up a trust
“I would recommend that a client have a trust set up through an estate planning attorney because it can help them avoid the costs and delays of probate for their loved ones. In addition, a trust can ensure opportunities to provide specific assets to certain beneficiaries and could be a good way to mete out the money to children who are not financially responsible.” — Mario Hernandez, Longevity Wealth Management

Kiplinger Advisor Collective is the premier criteria-based professional organization for personal finance advisors, managers, and executives. Learn more >

They fail to create a deadline-driven checklist
“One big mistake I see is that people are not creating a checklist with deadlines for estate planning checkpoints. This is essential if they want to have a secure estate plan, and it creates peace of mind not only for the planner but for their beneficiaries as well. It’s essential for people to be deadline-driven when working on estate plans so they don’t end up postponing crucial steps.” — Angela Ruth, Due

They leave room for misinterpretation
“The biggest mistakes happen not in how the documents are written, but in how they are interpreted after the fact. In my opinion, the client has to have extensive in-depth conversations and an evident understanding with whomever will be appointed trustee or given any power of attorney. Titling can go a long way in alleviating misinterpretation of trust documents.” — Deborah W. Ellis, Cogent Independent Advisors, Inc.

They forget to distribute their personal property
“People forget about distributing their personal property, such as collections like art, coins, sports memorabilia, wine, jewelry, power tools, musical instruments and more. Even all the furniture and electronics can add up in value. Having a home inventory documenting this property, the value and a distribution list with specific family members or charities is an important part of an estate plan.” — John Bodrozic, HomeZada

They fall victim to their own inaction
“One mistake is when people don't have a will, power of attorney, guardians for underaged kids and more because they didn't complete or sign estate documents. Many smart, wealthy people have fallen victim to their own inaction, and families pay the price via taxes, legal fees, locked-up assets and public scrutiny. Don't let the final memory of a deceased family member be, ‘We could have avoided so much pain if only …’” — H. Adam Holt, Asset-Map

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Disclaimer

The information provided here is not investment, tax or financial advice. You should consult with a licensed professional for advice concerning your specific situation.

Seven Big Mistakes People Make When It Comes to Estate Planning (2024)

FAQs

What are the 7 steps in the estate planning process? ›

Get a head-start on planning and follow these 7 easy steps:
  • Take Inventory of Your Estate. First, narrow down what belongs to you. ...
  • Set a Will in Place. ...
  • Form a Trust. ...
  • Consider Your Healthcare Options. ...
  • Opt for Life Insurance. ...
  • Store All Important Documents in One Place. ...
  • Hire an Attorney from Angermeier & Rogers.

How to pass assets to heirs without tax implications? ›

Transfer assets into a trust

An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

What are the important factors to consider in estate planning? ›

Important Elements of Estate Planning
  • Appointing a Trusted Personal Representative. Selecting a personal representative, also known as an executor, is a crucial step in estate planning. ...
  • Protecting Your Assets with Trusts. ...
  • Planning for Incapacity. ...
  • Regularly Reviewing and Updating Your Plan.
Feb 5, 2024

What is the most important decision in estate planning? ›

A will or trust should be one of the main components of every estate plan, even if you don't have substantial assets. Wills ensure property is distributed according to an individual's wishes (if drafted according to state laws). Some trusts help limit estate taxes or legal challenges.

What is the key to estate planning? ›

Wills, trusts, powers of attorney, living wills and life insurance can work together to help you plan your estate.

What is the most you can inherit without paying taxes? ›

There is no federal inheritance tax. In fact, only six states tax inheritances. There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax.

Does the IRS know when you inherit money? ›

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

What inherited assets are not taxable? ›

In general, any inheritance you receive does not need to be reported to the IRS. You typically don't need to report inheritance money to the IRS because inheritances aren't considered taxable income by the federal government. That said, earnings made off of the inheritance may need to be reported.

What is the most important component of your estate plan? ›

Wills and trusts are extremely important components of an estate plan. In a will, a person may elect a guardian for their minor or incapacitated loved one, as well as an executor. An executor is a person who will be in charge of managing and distributing the person who created the will's property after they pass away.

Which of the following is an important document needed for estate planning? ›

A comprehensive estate plan typically includes four estate planning documents. These documents include a financial power of attorney, an advance care directive, and a living trust or a last will.

What are the three goals of estate planning? ›

At Stein Sperling, we have three primary goals in helping clients with estate planning: protecting assets through life and for future generations; minimizing negative tax consequences through the architecture of a careful plan; and planning for disability and death.

What is the first step in estate planning? ›

Step 1: Determine Your Estate Planning Goals

By determining what exactly your estate plan should accomplish, you can determine what types of documents your estate plan will include, such as a trust, a will, a living will, etc. Therefore, one of the first things you should do is name your beneficiaries.

What legal documents should every person have in case of their death? ›

Common documents include a will, durable power of attorney for finances, and a living trust. Share this infographic to spread the word about getting your affairs in order. A will specifies how your estate — your property, money, and other assets — will be distributed and managed when you die.

What are the two key documents used to prepare an estate plan? ›

Key Takeaways

Common estate planning documents are wills, trusts, powers of attorney, and living wills. Everyone can benefit from having a will, no matter how small their estate or simple their wishes.

What are the 8 steps in the planning process? ›

The Planning Cycle has eight steps, as outlined below.
  • Analyze Your Situation. First, clarify what you need to do. ...
  • Identify the Aim of Your Plan. ...
  • Explore Your Options. ...
  • Select the Best Option. ...
  • Detailed Planning. ...
  • Evaluate the Plan and Its Impact. ...
  • Implement Change. ...
  • Close the Plan and Review.

What are the six basic planning process in order? ›

The six steps are:
  • Step 1 - Identifying problems and opportunities.
  • Step 2 - Inventorying and forecasting conditions.
  • Step 3 - Formulating alternative plans.
  • Step 4 - Evaluating alternative plans.
  • Step 5 - Comparing alternative plans.
  • Step 6 - Selecting a plan.

What are the three main priorities you want to ensure with your estate plan? ›

A: The three main priorities of an estate plan are to ensure that your assets are distributed in the way you prefer, that someone else has the authority to make decisions on your behalf if you are unable to do so, and that your beneficiaries are clearly defined.

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