5 Common Estate Planning Mistakes and How to Avoid Them

A good estate plan takes more than filling out a template. These are the most common mistakes we see — and how to avoid them.

1. Putting It Off

The most common mistake is simply not having a plan at all. Without a will, Texas intestacy laws decide how your assets are distributed — which may not match your actual wishes.

2. Forgetting to Update Beneficiaries

Life insurance policies, retirement accounts, and payable-on-death designations often pass outside of a will entirely. Forgetting to update these after a divorce or remarriage can undo even a carefully drafted plan.

3. Not Naming (or Updating) Guardians

Parents of minor children should always name a guardian in their will. Failing to do so leaves this important decision to a court, without knowing your preferences.

4. Skipping Powers of Attorney

A complete estate plan addresses incapacity, not just death. Financial and medical powers of attorney allow someone you trust to act on your behalf if you're unable to.

5. DIY Documents That Don't Meet Legal Requirements

Texas has specific requirements for a will to be valid, including proper witnessing. A document that doesn't meet these requirements may not hold up when your family needs it most — which is why working with an attorney matters.