The 5 Most Common Estate Planning Mistakes (and how to avoid them)
Creating an estate plan is one of the most important steps you can take to protect your loved ones. But even well-intentioned plans can fall short if key details are overlooked. At Holt Legacy Law, we help Maryland families avoid common pitfalls so their plans actually work when it matters most.
Here are five of the most frequent estate planning mistakes and how to avoid them.
1. Not Having a Plan at All
Many people assume they don’t have “enough” assets to need an estate plan. In reality, everyone benefits from having one. Without a will or trust, Maryland’s intestacy laws decide who inherits your property, and the outcome may not match your wishes.
☑️ Avoid it: Create a will or trust that clearly outlines your intentions.
2. Failing to Update Your Documents
Life changes, marriages, divorces, births, deaths, and new assets all affect your plan. A will written 10 years ago might no longer reflect your life or relationships.
☑️ Avoid it: Review your plan every 3–5 years or after major life events.
3. Not Naming Backup Agents or Trustees
If your chosen personal representative, agent, or trustee can’t serve, and no backup is named, the court may need to step in.
☑️ Avoid it: Always name at least one alternate for each role.
4. Forgetting to Fund a Trust
Creating a trust is only the first step. You must also transfer assets into it. Unfunded trusts are a common reason families still end up in probate.
☑️ Avoid it: Work with your attorney to ensure deeds, accounts, and assets are properly titled.
5. Overlooking Digital Assets and Personal Items
Online accounts, photos, and sentimental possessions often go unmentioned leading to confusion or conflict later.
☑️ Avoid it: Include instructions for digital logins and cherished items.
Avoid Mistakes with a Thoughtful, Personalized Plan
Every family’s needs are unique. At Holt Legacy Law, we take the time to craft plans that are thorough, up to date, and easy for your loved ones to carry out.
Schedule your free 30-minute consultation to review your estate plan or start fresh with guidance you can trust.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
