Fewer than one in three Americans have a will or any estate planning documents. As dangerous as no estate plan is one loaded with errors. These mistakes often end up in the same courtroom chaos as those who didn’t do a thing. According to a recent article from MSN, “I’m an estate lawyer: These 3 document errors can destroy your family,” avoiding these mistakes can save you and your loved ones emotional and financial stress. Beck, Lenox & Stolzer knows that careful planning is the key to peace of mind for you and your family.
The Dangers in Do-It-Yourself Estate Planning. We all have a family member who loves to boast about doing their own estate planning documents using free online templates or documents from a questionable source. Wills have complex legal requirements with laws varying by state and jurisdiction. Even minor errors can lead to a will being found invalid by the probate court. The document may look legitimate. However, appearing to be a proper will and being legally enforceable are two different things.
Yes, you can download a pre-made online will to designate how your estate should be handled. However, you’ll never know if it has mistakes or aligns with your state’s laws. This kind of mistake can’t be corrected after the testator’s death. Courts won’t be able to determine what you wanted without clear evidence. Your DIY estate plan could end up being no estate plan at all.
Outdated or Missing Beneficiary Designations. Don’t neglect beneficiary designations when creating an estate plan. Many assets, including life insurance proceeds, pensions and investment accounts, have forms that dictate who inherits them. Key fact: beneficiary designations override the will. Many people don’t know this and assume that their will serves as an umbrella for all their assets. However, that is simply not true.
Here’s a common scenario: A couple is married for many years. The husband has an employer-sponsored 401(k) and lists his wife as the beneficiary. They divorce, he remarries and then dies unexpectedly. He revised his will to leave his second wife all his assets. However, he did not update the beneficiary designation on the 401(k). The entire amount is paid to his first wife, and there is no recourse.
Missing or Flawed Power of Attorney Documents. Having a will protects assets after death. However, having Power of Attorney documents protects you while you are living, and are just as important as your will. Without a POA, family members cannot access finances to pay ongoing bills. Without a healthcare POA, the family will need to go to court to obtain guardianship to make medical decisions. This applies to spouses as well as children.
Families Pay the Price for Estate Planning Document Mishaps
Nearly a third of all Americans report having personally experienced or knowing someone who has faced terrible family disputes because their loved one didn’t have professionally prepared estate planning documents. These are real people, facing off against family members in court, losing a lifetime of relationships and being torn apart. An invalid will can lead to conflicts among family members, create expensive legal battles and permanent breaks in relationships.
A properly prepared estate plan isn’t an optional extra. It’s needed to protect the family’s relationships as much as it is to distribute assets. It protects you while you’re living and your loved ones after you have died. Talk with one of our attorneys to get your estate plan created or updated. Current clients, please call our office. Prospective clients, schedule your free initial phone consultation.
Reference: MSN (March 25, 2026) “I’m an estate lawyer: These 3 document errors can destroy your family”
