Skip to Content
Free Consultation 888-885-9001
Top

Common Mistakes to Avoid When Updating Your Estate Plan

happy couple reviewing documents
|

Updating an estate plan is an important step to ensure that personal wishes, financial decisions, and family considerations are accurately reflected. Many people create an estate plan and then put it aside, forgetting to revisit it over time. Failing to update an estate plan can lead to confusion, delays, and even unintended consequences for loved ones.

If there are immediate concerns about your estate plan, contact us through our online contact form or call (888) 885-9001 to discuss your options.

Not Reviewing Beneficiary Designations

One common mistake in estate planning is neglecting to update beneficiary designations on accounts, such as retirement plans, life insurance policies, or payable-on-death accounts. These designations override instructions in a will, meaning the intended distribution could be ignored if the documents are not current.

Regularly review all accounts to confirm that beneficiaries reflect current wishes. This is particularly important after major life events such as marriage, divorce, or the birth of a child.

Ignoring Changes in Family Circumstances

Life changes often have a significant impact on estate plans. Some of the most common scenarios include:

  • Marriage or divorce
  • Birth or adoption of children
  • Death of a spouse or beneficiary
  • Changes in relationships with heirs

Addressing these changes promptly helps ensure the estate plan aligns with current circumstances and reduces the likelihood of disputes among family members.

Failing to Update Legal Documents

Estate plans often include wills, trusts, powers of attorney, and health care directives. Over time, laws and personal situations can change, making previously drafted documents outdated.

Updating these documents periodically can prevent:

  • Conflicts among heirs
  • Outdated guardianship designations
  • Ambiguities in financial authority

Ensuring these legal documents are accurate provides clarity for loved ones during stressful times.

Overlooking Tax Implications

Estate planning is not only about asset distribution but also about understanding potential tax consequences. Changes in federal or state tax laws may affect the way assets are transferred.

Discussing potential tax implications with a Virginia Beach estate planning attorney can help avoid unnecessary taxes and ensure that the estate plan remains aligned with financial goals.

Not Considering Digital Assets

In the digital age, many people overlook online accounts, social media, and digital financial accounts. Without proper planning, access to these assets may be restricted or lost.

Include instructions for digital assets, such as:

  • Online banking and investment accounts
  • Social media accounts
  • Digital files and passwords

This ensures that heirs or executors can effectively manage both tangible and digital assets.

Neglecting Powers of Attorney

A power of attorney designates someone to make financial or medical decisions if an individual becomes unable to do so. Failing to update these documents can result in someone being empowered who may no longer be the best fit, or the appointed agent may no longer be available.

Regularly review and update powers of attorney to confirm that they reflect current wishes and trusted choices.

Overcomplicating the Estate Plan

Sometimes, individuals attempt to create overly complex plans to manage every potential scenario. While thorough planning is important, excessive complexity can create confusion and increase the likelihood of errors.

A well-structured plan should be clear, manageable, and flexible enough to adapt to life changes without creating unnecessary challenges for executors or heirs.

Updating Your Estate Plan in Virginia Beach

Reviewing and updating an estate plan ensures that wishes are respected and assets are managed in accordance with current circumstances. Working with a Virginia Beach estate planning attorney can provide guidance on legal documents, beneficiary designations, and powers of attorney. For assistance with an estate plan or related concerns, contact J. S. Burton, P.L.C. through the online contact form or by calling (888) 885-9001.

Categories: 

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "Prompt, Professional, Courteous, Concerned and Caring"
    - Bill O.
    "If you're looking for trustworthy and skilled professionals for your estate planning, look no further!"
    I recently had the pleasure of working with Fallon Whidden from the JSBurton Law Firm for my estate planning needs, and I cannot recommend them highly enough!
    - Tamara C.
    "I give them a 5* plus! Honest, Reliable, and Caring!"
    John Burton is the best and most honest that I have found. You can rely on him for all your needs. Once you have spoken to him, you won't be going anywhere else.
    - Richard K.
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.

Schedule a Free Consultation

Learn About Your Legal Options
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from J. S. Burton, P.L.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy