The Biggest Estate Planning Mistakes (and How to Avoid Them)

Estate planning isn’t just about documents—it’s about making sure those documents work when it counts. A beautifully written will or trust doesn’t mean much if your assets aren’t titled correctly or if your plan hasn’t kept up with your life. As a Nebraska estate planning attorney, I often see the same mistakes show up again and again. The good news? Most of them are avoidable with the right guidance and a little foresight.

Mistake #1: Failing to Update Your Estate Plan

Life moves fast—families grow, relationships shift, assets increase (or decrease), and goals evolve. But many people forget to update their estate plan along the way. If your plan was written years ago and hasn’t been touched since, it may no longer reflect your wishes.

A new child, grandchild, marriage, divorce, or the death of a loved one should all prompt a review. Same goes for major financial changes or new asset acquisitions. A plan that’s outdated can send assets in the wrong direction—or create conflict among those you care about.

Quick tip: Review your estate plan every 3–5 years, or any time you experience a major life change.

Mistake #2: Ignoring Long-Term Care Planning

A lot of people assume Medicare will pay for nursing homes or assisted living. It won’t—not in the way most think. Without a clear plan, long-term care expenses can rapidly drain your estate and leave your family with tough choices.

You don’t need to buy expensive long-term care insurance (though for some people, it’s a smart option), but you do need to understand how Medicaid planning, personal savings, and family support might play into your overall strategy. If you haven’t talked about long-term care in your estate planning process, that’s a gap worth closing.

Mistake #3: Overlooking Beneficiary Designations

This one happens more often than you’d think. Even with a carefully drafted will or trust, if your retirement accounts or life insurance policies list an outdated beneficiary, those assets may bypass your estate plan entirely.

Even worse, if an ex-spouse or someone you no longer intend to benefit is still listed, there may be little your family can do to change the outcome. Beneficiary designations take legal priority over your will or trust, and they’re often forgotten when life changes happen.

Also, don’t forget: not all inherited assets are taxed the same. That IRA passed to your child? It has different tax rules than a Roth account or life insurance payout. These aren’t just technicalities—they can affect how much your heirs actually receive.

Mistake #4: Thinking a Will or Trust Is Enough

Having documents is a good first step—but strategy is everything.

A will doesn’t avoid probate. A trust doesn’t work unless it’s funded. Powers of attorney don’t help if they don’t reflect real authority or are drafted too narrowly.

A strong estate plan looks at the entire picture: asset titling, tax implications, probate avoidance, creditor protection, family dynamics, and more. This is where working with an experienced Lincoln estate planning attorney can make all the difference. You’re not just filling out forms—you’re creating a roadmap that needs to hold up when you’re not there to explain it.

Mistake #5: Using DIY Online Forms

Online templates promise quick, cheap results—but estate planning isn’t something you want to gamble with. A missing witness signature, a clause that contradicts Nebraska law, or a plan that doesn’t account for tax consequences can lead to expensive legal problems later.

Your estate plan should be legally sound and built for your life—not someone else’s. Partnering with a qualified Nebraska estate planning attorney ensures your plan is compliant, strategic, and tailored to your unique circumstances.

Other Common Mistakes That Can Derail a Nebraska Estate Plan

Not funding your trust: A trust doesn’t work unless your assets are titled in the trust’s name or properly designated to flow into it. If your real estate, bank accounts, or investments aren’t in the trust, you haven’t avoided probate.

Failing to plan for incapacity: Estate planning isn’t just about death. It also includes naming people who can step in if you’re alive but unable to make medical or financial decisions. Strong powers of attorney and healthcare directives are essential.

Leaving out business interests: If you own a business, your estate plan needs to include succession planning. Otherwise, your heirs might face disputes, tax issues, or even the forced sale of the business.

Estate Planning Is a Process—Not a One-Time Event

Creating a plan is important. Keeping it updated is what makes it effective.

My goal as a Nebraska estate planning lawyer is to help you avoid these common missteps, protect what you’ve built, and give your loved ones clarity and peace of mind when they need it most.

If you’re ready to get started—or want a second opinion on an existing estate plan—reach out anytime. I’d be happy to help.

Call or text 402-259-0059 or Email zach@zandersonlaw.com.

Frequently Asked Questions

What is the biggest estate planning mistake people make?

The most common mistake is failing to update your estate plan after major life changes like marriage, divorce, or a new child. An outdated plan can send assets to the wrong people or cause unnecessary court proceedings.

How often should I review my estate plan?

A good rule of thumb is every 3 to 5 years—or immediately after a major life change. This helps ensure your documents reflect your current wishes and remain legally effective under Nebraska law.

What does it mean to “fund” a trust?

Funding a trust means transferring ownership of assets—like your home, bank accounts, or investment accounts—into the trust’s name. If a trust isn’t properly funded, it may not avoid probate or achieve the protections you intended.

Is a will enough to avoid probate in Nebraska?

No. A will must go through the probate process. If you want to avoid probate, you’ll likely need a revocable living trust and to properly title assets in the trust’s name or use beneficiary designations that bypass probate.

Are online estate planning forms valid in Nebraska?

They can be valid, but often they aren’t sufficient. Estate planning is complex, and online forms rarely account for Nebraska-specific laws or your family’s unique needs. Mistakes or oversights can be costly.