The High Cost of Inaction
Discover the 7 biggest estate planning mistakes you can make, and more importantly, how to avoid them to protect your legacy and your loved ones.
The Planning Gap
68%
of Americans do not have a will.
This is Mistake #1: not having a plan at all. When you don't have a plan, the state makes one for you, and it's almost certainly not what you would have wanted. This lack of planning is the single biggest risk to your legacy.
Common Pitfalls: More Than Just a Will
📄Mistake #2: Only Having a Will
A will is essential, but it's not a complete plan. It doesn't help if you become incapacitated, and it guarantees your estate will go through the public, costly, and time-consuming probate process.
🧑⚕️Mistake #3: Forgetting Incapacity
What happens if you can't make decisions for yourself? Without the right documents in place — powers of attorney, healthcare directives — your family may face a costly court process to manage your affairs, losing both time and privacy when they need neither burden.
📆Mistake #4: Set It & Forget It
Your life, finances, and the law all change over time. An outdated plan can lead to unintended consequences, leaving your loved ones with a mess. Your plan needs regular check-ups just like you do.
When Should You Update Your Plan?
Major life events are a critical signal that your estate plan needs a review to ensure it still reflects your wishes and circumstances.
Marriage or Divorce
Your relationship status fundamentally changes your estate plan.
Birth or Adoption
Welcoming a new child or grandchild requires naming guardians and planning for their future.
Significant Financial Change
A large inheritance, sale of a business, or major investment shifts your planning needs.
Moving to a New State
Laws differ state-to-state. Moving to Oregon, for example, means facing its unique estate tax threshold.
Death of a Beneficiary or Fiduciary
Your plan needs backups for who inherits your assets and who manages your estate.
Hidden Dangers: Where Your Money Really Goes
Two of the most overlooked mistakes — improper beneficiary designations and underestimating Oregon's estate tax — can drastically alter your legacy.
Mistake #5: The Beneficiary Bypass
Your will can be overruled. Assets like 401(k)s and life insurance pass directly to the person named on the beneficiary form, no matter what your will says.
Your Will Says:
"Give my entire estate to my Trust for my kids."
Your House
Goes to Trust ✅
Your 401(k)
Goes to Ex-Spouse named as beneficiary ❌
An outdated beneficiary form can accidentally disinherit your children.
Mistake #6: The Oregon Estate Tax Trap
Oregon's estate tax threshold is $1,000,000 per person — one of the lowest in the country. The federal exemption is $15,000,000. That gap catches Oregon families by surprise.
Many Oregonians who would never owe federal estate tax still face Oregon estate tax. With the right planning — including credit shelter trusts — married couples can often protect up to $2,000,000 from Oregon taxation. Without it, your heirs pay a tax bill that proper planning could have avoided.
Mistake #7: Choosing the Wrong People for the Job
The people you choose to carry out your wishes are critical. Picking someone who is unwilling, unable, or untrustworthy can lead to disaster.
Executor
Manages your estate through probate, pays debts, and distributes assets. This role requires organization, patience, and integrity.
Trustee
Manages assets held in a trust, often for years or decades. The wrong choice can cost your beneficiaries far more than a bad investment.
Guardian
Cares for your minor children if you can't. This is the most important appointment in your entire estate plan — and the one most people put off.
These roles require responsibility, organization, and integrity. The time to choose wisely is now — not when your family is in crisis.