Estate planning can be a challenging and daunting process, with several things to consider, and there are frequently a variety of solutions available, each with unique advantages — or disadvantages.

By helping you avoid common misperceptions and mistakes surrounding estate planning so that there are no legal issues for your beneficiaries to deal with after your passing, a skilled lawyer may be able to help you now, to lessen the strain on your family at what may be a difficult time later.

Common Misperceptions and Mistakes Surrounding Estate Planning

Lack of an estate plan, or an estate plan that is incomplete
No matter what your age, an estate plan is a key component to planning for the future. Whether an estate is simple, complex, or somewhere in between, when faced with the often-complicated and confusing decisions that may arise during stressful and traumatic times in your life, being prepared can bring peace of mind.

Without an estate plan, it doesn’t matter what you told your family about your wishes after you die, New York intestacy laws will determine how your assets will be distributed. Having an estate plan makes clear what your plans are after your death. Without a complete and clear estate plan, including a will or trust, the court will not be able to enforce your plans.

Not updating your estate plan
Life can take twists and turns, and as time goes by and life changes occur, it is important to keep your estate plan up to date.

If you move to a different state, you need to review your estate plan. Wills, trusts and powers of attorney are state-law-driven documents, and moving can cause issues. When a new family member is born or someone passes away, beneficiary designations may need to be updated. And changes at the state or federal government can severely impact estate planning.

So when exactly is the right time to update your estate plan? If you answer “no” to any of the following questions, then it may be time to consult with a trusts and estates attorney to update your estate plan:

• Does the estate plan align with current goals and priorities?
• Does the estate plan account for major or recent life changes?
• Does the estate plan contain core estate planning documents?
• Does the estate plan include up-to-date beneficiary designations?
• Does the estate plan minimize potential taxes and expenses for heirs?
• Does the estate plan contain special needs or disability planning?
• Does the estate plan avoid probate?

A plan that doesn’t comply with current laws
Tax laws and other legal regulations often change, and the recent One Big Beautiful Bill Act of 2025 (OBBB), for example, introduced significant changes to estate and tax planning. While talk often focuses on high-net-worth individuals or estates, the changes in the OBBB affect everyone, from younger professionals to retirees and can impact even the most well-prepared plans. Therefore, it is important to keep tabs on changing laws as they relate to estate planning, particularly regarding tax implications.

Not including provisions for disability or long-term care planning
Recent cuts to Medicaid and other safety-net programs and plans to rely on public benefits for long-term care may cause issues for your future self. Private long-term care insurance and Medicaid planning is becoming increasingly crucial for middle-class families. Further, the 2025 OBBB law maintains or increases tax-deductible limits for qualified long-term care insurance premiums, so it is important to ensure your policies qualify to maximize tax benefits.

Not including estate tax liability
Permanent changes to individual income tax provisions affect IRAs, Roth conversions, and income-shifting strategies. A key step involves aligning retirement and estate plans to minimize taxes and enhance your legacy for your family and heirs.

Improper documentation of ownership of assets
If an affidavit of ownership, such as a property deed or other document claiming ownership is used incorrectly or lacks the proper supporting documents, it can result in transaction rejections, legal disputes, and even accusations of fraud.

Plan Ahead

With so many options to plan your future, it may seem daunting, however, with the help of Tully Rinckey’s experienced trusts and estates attorneys, we can help you decide on what’s best to plan out your and your family’s future. We will make sure you understand how the legal system works and keep you directly involved in the process, so your needs and goals are adequately addressed. No matter the trust or estate management issue you face, our legal team is dedicated to providing you with high-quality, affordable estate planning and elder law services.

At Tully Rinckey PLLC, our lawyers can help you draft your estate planning documents, or make modifications to the ones you already have. Our attorneys have years of experience in estate planning, and are ready to provide competent, compassionate, and affordable service. Call 8885294543 for a consultation with a Tully Rinckey attorney today.

As Senior Counsel at Tully Rinckey, Marlee Stever, Esq. provides legal counsel in the areas of estate planning, trust administration, probate administration, guardianships, conservatorships, and estate tax matters. With a robust background in crafting comprehensive estate plans, Marlee focuses on developing strategies that protect clients’ assets and ensure financial stability for future generations.