Life changes quickly. One day, you are saving for a down payment, and the next, you are thinking about college costs or retirement income. At Jordan & White, LLC, we help Massachusetts families plan so their property, health care wishes, and loved ones are protected.
With more than 13 years of experience drafting wills, settling estates, and handling real estate transactions, we have seen how small mistakes can create big legal and financial problems. This article highlights the most common estate planning errors and explains how a strong, well-crafted plan can help ensure your assets end up in the right hands.
1. Procrastinating on Estate Planning
We often hear, “I’ll handle my will once the kids are grown.” Waiting feels harmless until a sudden stroke, accident, or pandemic diagnosis forces the family to guess your wishes. Under Massachusetts intestacy statutes, the Probate and Family Court decides who receives your assets when no valid will exists, and the result may surprise you.
Equally troubling, medical teams cannot follow preferences they never received. An advance directive and a health care proxy speak for you when you cannot. Without them, loved ones may disagree on treatment and face delays while a guardian is appointed.
Act while you are healthy, and review paperwork every few years. The peace of mind beats racing a court deadline.
2. Creating an Estate Plan Without Legal Guidance
The internet offers quick-fill forms, yet a single missing witness line or wrong notarization date can void the whole document. We often see homemade trusts that fail to meet Massachusetts recording rules or do not pass title to the devisees, forcing property back into probate.
Paying a local estate planning attorney up front usually costs far less than future litigation. Your lawyer also spots tax traps, such as leaving a vacation home outright to three siblings who will now owe outsized capital gains on a later sale. A short consult can prevent years of court fees.
3. Failing to Update Your Estate Plan Regularly
Your plan is a snapshot of life the moment you signed. Marriages, divorces, new babies, and career windfalls each change that picture. If documents stay frozen, an ex-spouse may inherit a retirement account, or a newborn may receive nothing.
Make it a habit to read every will, trust, and power of attorney after major milestones. At a minimum, set a calendar reminder every three to five years and mark any title changes or new savings accounts that need to be folded in.
4. Overlooking Digital Assets
The days of a single desk drawer holding every account are long gone. Now value hides in:
- Certain cryptocurrency wallets, sometimes protected by two-factor codes
- Online brokerage or payment apps with no mailed statements
- Social media pages that carry sentimental worth and potential ad revenue
Create an inventory that lists each digital platform, user name, and storage location of passwords. Then appoint a digital fiduciary under the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act so the person you trust has the legal right to retrieve or close those accounts.
5. Naming the Wrong Personal Representative or Trustee
Choosing who manages your estate may seem straightforward, but family dynamics can shift. A child who lives across the country or struggles with budgeting should not shoulder bookkeeping duties. Likewise, appointing two siblings who barely speak invites conflict.
Select someone reliable, impartial, and organized. Always ask first; Massachusetts probate courts reject a nominee who declines or is unfit, adding months to the timeline.
6. Not Coordinating Devisee Designations
Retirement plans, life insurance, and payable-on-death accounts pass outside your will and follow the paperwork on file with each company. If those forms are outdated, the wrong person may receive the funds even when the will says otherwise.
Keep these tips in mind:
- Review devisee forms after any life change.
- Name both primary and contingent devisees.
- Avoid listing minors outright; use a trust instead so a court does not have to oversee the money.
A quick update to one page can save the estate from lengthy probate disputes.
7. Neglecting to Plan for Incapacity
Estate planning is not just for death. A durable power of attorney lets a trusted agent pay bills, renegotiate a mortgage, or sell property while you recover. Without it, relatives must seek guardianship, a public and costly process.
Likewise, a health care proxy allows your chosen advocate to consult with doctors and follow any living will instructions. Draft these documents now so medical decisions stay in the family’s hands, not the courthouse.
8. Keeping Estate Planning Documents Inaccessible
Original wills locked in a safe deposit box pose a simple problem: the bank will not release the box without the will, yet the will is in the box. Instead, store signed originals in a fire-resistant home safe and give copies to your personal representative, trustee, and attorney.
Share a contact sheet that includes phone numbers and email addresses for all key players. When time is of the essence, your team can jump into action without hunting for paperwork.
9. Ignoring State-Specific Laws
Every state handles probate and taxes differently. In Massachusetts, estates worth more than $2 million face a state estate tax even if they fall below the federal threshold. A strategy that skips tax in New Hampshire could generate a sizable bill here.
Below is a quick comparison:
| Rule | Massachusetts | Federal |
| Exemption Amount (2025 figures) | $2 million | $13.99 million |
| Top Tax Rate | Up to 16% | 40% |
| Portability for Spouses | No | Yes |
Planning in light of these limits may involve gifting strategies, life insurance trusts, or shifting property to a spouse while still alive. Speak with a Massachusetts attorney or CPA before implementing any move.
10. Failing to Fund a Trust
Clients often sign a beautifully drafted revocable trust, then leave every asset titled in their name. If a house, brokerage account, or savings certificate never moves into the trust, those items still march through probate.
To fund adequately, sign a new deed for real estate, complete change-of-ownership forms for bank and investment accounts, and list the trust as beneficiary where appropriate. Typical assets to transfer include:
- Primary and vacation homes
- Non-qualified brokerage portfolios
- Certificates of deposit
- Collectibles with written assignments
Once funded, the trust can bypass probate, provide disability protection, and distribute property under the terms you set.
Let Jordan & White, LLC Help You Avoid These Costly Mistakes
Building an estate plan is less about documents and more about protecting people. Our team at Jordan & White, LLC, dedicates each day to crafting clear plans that match Massachusetts law and your family goals. If you have questions or need a fresh review, call us at 978-744-2811 or visit our Contact Us page.
We look forward to bringing our experience to your side so tomorrow’s surprises do not derail today’s hard work.