5 Common Estate Planning Mistakes—and How to Avoid Them

Most people don’t realize they’ve made an estate planning mistake—until it’s too late.

At The Shi Law Group, we’ve seen how even well-meaning individuals with “something in place” can unintentionally leave behind legal confusion, family disputes, or costly delays. Estate planning isn’t just about paperwork—it’s about protecting your family, your legacy, and your peace of mind.

Whether you’re starting from scratch or revisiting your current documents, here are five of the most common estate planning mistakes we see—and how you can avoid them:

1. No Plan at All

Without a will or trust, state laws will determine who receives your assets. This process (known as intestacy) often leads to unnecessary delays, legal costs, and outcomes that don’t reflect your wishes. Having a plan ensures you stay in control.

2. Outdated Documents

Life changes—your estate plan should, too. Major events like marriage, divorce, the birth of a child, or buying property can all impact your planning needs. We recommend reviewing your plan every 3 to 5 years or after any major life milestone.

3. Choosing the Wrong Decision-Makers

The individuals you name as executor, trustee, or agent under power of attorney play a critical role. They must be trustworthy, capable, and aligned with your values. Choosing someone unprepared for the responsibility can create confusion and conflict.

4. Unfunded Trusts

Creating a trust is only the first step—it must be “funded” with your assets. This means re-titling property, updating deeds, and properly designating the trust as the owner. If this step is missed, your trust won’t function as intended, and probate may still be necessary.

5. Incorrect Beneficiary Designations

Many people don’t realize that retirement accounts, life insurance policies, and payable-on-death accounts pass outside of a will or trust. Outdated or incorrect beneficiaries can override your estate plan—and send assets to the wrong people.

Is Your Estate Plan Up to Date?

A comprehensive estate plan is one of the most important gifts you can leave your loved ones. At The Shi

Law Group, we help individuals and families create thoughtful, legally sound plans that reflect their values and protect their future.

If you’re unsure whether your current plan still meets your needs—or if you’ve been putting off creating one altogether—we’re here to help.