Creating an estate plan is one of the most important steps you can take to protect your loved ones and your legacy - but many Californians unknowingly make costly mistakes in the process.
At the Law Office of Mitchell A. Port, we’ve helped countless clients in Los Angeles and throughout California navigate estate planning with confidence. Whether you’re starting fresh or updating an old plan, watch out for these five common estate planning mistakes.
1. Letting Your Estate Plan Get Outdated
Life changes and your estate plan should, too. One of the most frequent (and dangerous) estate planning mistakes in California is failing to update your documents after major life events such as:
- Marriage or divorce
- Birth or adoption of children or grandchildren
- A change in assets or income
- Relocation, especially between states
- The death of a beneficiary or executor
Tip: Review your estate plan every 2–3 years or after any major life event.
2. Not Naming Backup Executors or Trustees
If your chosen executor, trustee, or agent under your power of attorney becomes unable or unwilling to serve, and you haven't named an alternate, it could lead to court intervention and unnecessary delays.
Tip: Always name at least one backup for each key role in your estate plan to ensure a smooth transition.
3. Forgetting About Digital Assets
In today’s world, your digital footprint matters. From email accounts and cloud storage to social media, crypto, and online banking, failing to account for digital assets can cause confusion - or worse, lost access.
Tip: Include a digital asset inventory and designate someone you trust to manage your online presence after your death or incapacity.
4. DIY or Cookie-Cutter Documents
While online templates or DIY wills might seem convenient, they rarely comply with California’s complex estate laws. Even a minor error like using the wrong witness procedure can invalidate your documents.
Tip: Work with an experienced Los Angeles estate lawyer to ensure your documents are legally sound and tailored to your situation.
5. Failing to Fund Your Living Trust
If you’ve created a revocable living trust but didn’t transfer your assets into it, your estate may still go through probate, defeating the purpose of the trust.
Tip: Make sure to “fund” your trust by retitling property, bank accounts, and other key assets into the trust's name.
Estate Planning Help for Los Angeles Families
Avoiding these common estate planning mistakes can make a big difference in protecting your family and assets. At the Law Office of Mitchell A. Port, we provide personalized, practical estate planning services for individuals and families throughout Los Angeles and Southern California.
Ready to get your estate plan right?
Call us at 310-526-3433 or contact us online to schedule a consultation with an experienced Los Angeles estate lawyer.