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A well-executed estate plan is one of the best gifts you can leave your family. It brings clarity, direction, and peace of mind during a difficult time. But a bad plan—or no plan at all—can do the opposite: create confusion, delay, and even conflict.
Here are the most common estate planning mistakes that leave heirs stressed, frustrated, or fighting—and how to avoid them.
1. Not Having an Estate Plan at All
This is the most costly mistake. If you die without a will or trust in Georgia, the state decides:
- Who inherits your assets
- Who raises your children
- Who handles your estate
The process is slower, more expensive, and often more stressful for surviving family members. And it may result in outcomes you never intended.
Solution: Create a basic estate plan that includes a will, power of attorney, and advance directive—and consider a trust if you want to avoid probate.
2. Failing to Update Your Plan After Major Life Changes
Outdated estate plans are almost as bad as having none. Life changes fast: marriage, divorce, new children, deaths, new assets.
Common issues:
- Ex-spouses still listed as beneficiaries
- Guardians named who are no longer appropriate
- Assets added after the plan was written aren’t accounted for
Solution: Review your plan every 3–5 years—or after any major life event.
3. Not Naming Backup Decision-Makers
If your named executor, guardian, or trustee can’t serve—and you haven’t named a backup—the court will decide who steps in. That can delay everything and cause internal disputes.
Solution: Always name at least one alternate for each key role in your estate plan.
4. Forgetting to Coordinate Beneficiary Designations
Wills do not control everything. Life insurance, IRAs, 401(k)s, and payable-on-death accounts pass directly to the named beneficiary—even if your will says otherwise.
Mistake: Listing an ex-spouse or failing to name a beneficiary at all (which may trigger probate).
Solution: Review and update all beneficiary designations to match your estate plan.
5. Leaving Assets Directly to Minors
Children under 18 can’t legally inherit property. If you name a minor child as a beneficiary, the court will appoint a guardian to manage the funds—and at age 18, they’ll get full access, ready or not.
Solution: Use a trust to control how and when minors receive assets. This protects both the money and the child.
6. Not Preparing for Incapacity
Estate planning isn’t just about death. If you become incapacitated due to illness or injury and don’t have:
- A financial power of attorney
- A health care directive
Your loved ones may have to go to court to gain control—adding stress and delay during a crisis.
Solution: Include incapacity planning in your estate documents, so your chosen agents can act without court intervention.
7. Trying to DIY Complex Plans
Online templates might work for simple situations, but if you have:
- Real estate
- Blended families
- Business interests
- Special needs heirs
—then a one-size-fits-all approach can create serious legal and tax problems.
Solution: Work with an estate planning attorney who can tailor a plan to your family, assets, and goals.
Let Hurban Law Help You Avoid the Mistakes That Cause Stress
At Hurban Law, LLC, we build clear, enforceable estate plans that minimize stress and prevent confusion for your loved ones. Whether you’re starting fresh or updating an outdated plan, we’ll help you get it right—so your heirs don’t have to clean up the mess later.
Contact us today to protect your legacy and give your family the clarity they deserve.
