Source: HuffPost – Biggest Mistakes in Wills According to Estate Lawyers
Who This Guide Is For
If you’re a California resident concerned about protecting your family from expensive probate battles, legal disputes, and preventable costs after you pass away, understanding the most common—and costliest—mistakes in will creation is essential. This comprehensive guide draws on expert insights from California estate planning attorneys to help you avoid the pitfalls that lead to family conflict and financial loss.
Why California Residents Need to Take Estate Planning More Seriously
Your last will and testament is one of the most important legal documents you’ll ever create. It allows you to direct where your property goes, who becomes guardian of your children, how your debts are handled, and who will execute your wishes after you die.
Yet two out of three Americans don’t have a will, according to a 2020 Caring.com survey of 2,500 Americans. The top reasons? Procrastination and the mistaken belief that they don’t have enough assets to warrant one.
Estate planning attorney Eido Walny, founder of Walny Legal Group, emphasizes that “almost everyone over the age of 18 needs some estate planning documents. It may not be anything fancy, but having documents can spare your family a lot of financial and emotional suffering at a time that may already be trying.”
The 7 Most Expensive Mistakes California Residents Make in Their Wills
Mistake #1: Naming Multiple Co-Executors
Many California residents believe that naming all their children as co-executors demonstrates fairness. In reality, this creates a recipe for family conflict and expensive legal fees.
Here’s why multiple executors create problems:
Best practice for California residents: Name one primary executor with alternate executors as backups. If you must name multiple executors, choose an odd number so majority-rule can break deadlocks.
Mistake #2: Believing a Will Alone Avoids Probate
This is perhaps the most financially costly misconception California residents have about estate planning.
The reality: A will does not automatically avoid probate. Probate is the legal process required whether you die with or without a will, as long as you have assets titled solely in your name without beneficiary designations.
Real California case example: A client’s father had a will directing his estate be divided equally among three children. However, his residence was titled solely in his name—not in a trust and without a Transfer On Death designation. Result? The family had to go through probate at a cost of $4,000, when a TOD designation would have cost just $30.
How California residents can truly avoid probate:
Mistake #3: Being Too Vague About Sentimental Items
California estate planning attorney Carmen Rosas warns that while families often think they’ll fight about money, the most intense conflicts actually arise over items with sentimental value.
When you write “to all my kids, an equal share,” you leave no clear direction for who gets grandmother’s jewelry, dad’s vintage car collection, or the family photo albums.
Why this matters for California families: Relationships change after death. Your children who got along perfectly while you were alive may struggle with grief differently, and items become vessels for processing emotions and regrets.
Solution: Create a specific list of items and who should receive them. If you know someone wants something particular, write it down explicitly—it will make administration significantly easier.
Mistake #4: Failing to Update Your Will After Major Life Changes
Life events that require immediate will updates include:
Estate planning attorney Dionna Reynolds recommends reviewing your estate plan every five to seven years, minimum.
Costly example for California families: A parent names their children as beneficiaries but doesn’t account for what happens if a child predeceases them. Result? Grandchildren may be unintentionally excluded from inheritance.
Mistake #5: Not Considering Whether Your Gift Will Actually Help the Recipient
Leaving money to loved ones seems like a gift, but timing and circumstances matter tremendously.
Considerations for California residents:
Solution: Consider using trusts with age-based distributions, spendthrift provisions, or special needs trusts to protect beneficiaries while still providing for them.
Mistake #6: Not Documenting Where Your Will Is Located
California estate planning attorney Carmen Rosas shares a common scenario: Family members find draft documents but can’t locate the signed, executed will. Without proof of a valid will, the estate must be administered as if no will existed—potentially going against the deceased’s wishes entirely.
What California residents should do:
Attorney Rosas notes she’s seen cases where attorneys post in forums asking, “Did anyone create an estate plan for this person?” because families can’t find the documents.
Mistake #7: Working With an Attorney Who Isn’t an Estate Planning Specialist
California residents may be tempted to save money by having a family friend who “does some legal work” or their divorce attorney draft estate planning documents. This is a costly mistake.
Estate planning attorney Eido Walny warns: “Estate planning is complicated and there are a lot of traps for the unwary, even unwary attorneys. Find someone who is a specialist, who knows how to navigate issues, and who you feel comfortable with.”
Why specialization matters for California residents:
The difference between well-drafted documents and poorly drafted ones means “a lot of extra time, money and heartache” when the documents are finally executed.
How California Probate and Trust, PC Helps California Residents Avoid These Mistakes
At California Probate and Trust, PC, we’ve helped thousands of California families create estate plans that protect their loved ones and avoid these common pitfalls. As California estate planning specialists, we understand the unique challenges California residents face.
Our approach includes:
Take the First Step to Protect Your California Family
Don’t let your family become another statistic—one of the two-thirds of Americans without proper estate planning documents, or worse, one with documents that create more problems than they solve.
California Probate and Trust, PC offers free estate planning consultations to California residents. We’ll review your situation, explain your options, and help you create a plan that truly protects your family.
Schedule your free consultation today:
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Estate planning laws vary by jurisdiction and individual circumstances. The information presented here is based on general principles and may not apply to your specific situation. This content does not create an attorney-client relationship. For personalized legal guidance regarding your estate planning needs, please consult with a qualified California estate planning attorney. California Probate and Trust, PC is available to discuss your unique circumstances during a free consultation. Laws and regulations are subject to change, and this article reflects information available as of the publication date.
