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When planning your estate, it is important to understand the difference between a successor trustee and an executor. An executor carries out the instructions in a will and settles the estate through probate under court supervision. A successor trustee, on the other hand, manages and distributes the assets held in the trust, often without needing to go through probate.
Twelve of our attorneys shared the most common estate planning mistakes that they see when reviewing peoples estate plans that they’ve created themselves.
Establishing a trust is only the first step in building an effective estate plan. Funding a trust means transferring ownership of your assets into the trust so it can manage and distribute them according to your instructions. Without this step, the trust may exist on paper, but it will not control the assets you intended it to.
When starting the estate planning process, it is common to have questions about which documents, accounts, and information are required. One of the first decisions many people face is understanding the difference between a revocable and an irrevocable trust and deciding which option best fits their estate plan.
Loss often comes without warning. Too frequently, families are left making urgent decisions with no guidance and no time to breathe. Many people put off planning because it feels overwhelming or uncomfortable to imagine. Unfortunately, when there is no estate plan in place, the legal system steps in and makes decisions for you. This process looks very similar to dying without a will and often leaves families facing court involvement, delays, and uncertainty.
Moving to another state is often an exciting milestone, whether it comes with a new job, a fresh start, or a lifestyle change. In the midst of packing and planning, it’s easy to overlook how a move can affect important legal documents, including your estate plan.
Many people assume that only older or wealthier folks need to worry about estate planning, or that having a will is all you need to avoid the probate process. However, these are all misconceptions that can cause headaches for you and your family in the future.
Many people approach estate planning with the mindset of “I’ll get to it eventually.” Life feels busy, the topic feels uncomfortable, and planning can seem easy to postpone. The problem is that estate planning works best when it’s done calmly, thoughtfully, and before anything goes wrong. Waiting until a crisis leaves families making rushed decisions under stress, often with fewer options and less control than they expected.
Many people put off estate planning because it does not feel urgent until circumstances make it impossible to ignore. When families start estate planning proactively—before circumstances require it—it offers far more than just legal paperwork. It provides reassurance and structure during moments when clarity matters most.