Planning for the future is one of the most important things you can do for your loved ones. But even with the best intentions, many people make critical errors in their estate plans; errors that can lead to unnecessary expenses, delays, or even family disputes.
At Richard A. Heller, P.A., we’ve helped countless clients in Winter Park, and the greater Orlando area create estate plans that reflect their wishes and protect their legacy. Here are the top 5 estate planning mistakes we see and how you can avoid them.
1. Not Having an Estate Plan at All
The Mistake:
Many people assume that estate planning is only for the wealthy or elderly. Unfortunately, failing to plan means the state will decide what happens to your assets, and it might not align with your wishes.
How to Avoid It:
Create a basic estate plan that includes a will, durable power of attorney, health care surrogate, and possibly a trust. Even a simple plan can make a big difference.
Don’t wait, schedule a consultation with our Winter Park estate planning attorney today to get started. Call 407-501-4052 or contact us online to schedule your consultation.
2. Forgetting to Update Your Will or Trust
The Mistake:
Life changes - marriage, divorce, new children or grandchildren, or changes in assets - can make an outdated estate plan ineffective or even harmful.
How to Avoid It:
Review your estate plan every 3–5 years or after any major life event. An updated plan ensures your wishes stay relevant and enforceable.
Need to update your will or trust? Call us at 407-501-4052 for experienced guidance.
3. Naming the Wrong Personal Representative or Trustee
The Mistake:
Choosing someone who isn’t capable, or who has a conflict of interest, can lead to delays, disputes, and even legal challenges.
How to Avoid It:
Pick someone trustworthy, organized, and ideally not entangled in potential family drama. Consider appointing a professional fiduciary when needed. We can help you make the right decisions when selecting a personal representative or trustee.
4. Overlooking Beneficiary Designations
The Mistake:
Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts override what’s written in your will.
How to Avoid It:
Review and update your beneficiary forms regularly. Make sure they match your overall estate planning goals. We’ll help you align your beneficiary designations with your estate plan for a seamless distribution.
5. Ignoring the Benefits of a Trust
The Mistake:
Assuming a will is enough can lead to your estate going through probate, which is public, time-consuming, and costly.
How to Avoid It:
A revocable living trust can help your heirs avoid probate and keep your affairs private. It also gives you more control over how and when your assets are distributed. Ask us if a trust is right for you and book a free consultation today.
Protect Your Legacy with Confidence
Avoiding these common estate planning errors is easier when you work with a knowledgeable attorney who understands Florida’s laws and your unique needs. At Richard A. Heller, P.A., we provide personalized estate planning services to individuals and families throughout Winter Park and Central Florida.
Ready to get started? Call us today at 407-501-4052 or contact us online to schedule your consultation.