Life changes quickly. One day, you’re saving for a down payment, and the next, you’re thinking about college costs or retirement income. At Jordan & White, LLC, we help Massachusetts families plan ahead so their property, health care wishes, and loved ones stay protected.
With more than 13 years of experience drafting wills, settling estates, and handling real estate transactions, we’ve seen how small oversights can create major legal and financial headaches. This article outlines the most common estate planning mistakes, and how a well-crafted plan can help ensure your assets end up exactly where you want them.
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 your 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 results may surprise you.
Equally concerning, 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’re healthy, and review your plan every few years. The peace of mind is worth it.
2. Creating an Estate Plan Without Legal Guidance
Online templates look convenient, but one missing witness line or incorrect notarization can void an entire document. We often see homemade trusts that fail to meet Massachusetts recording rules or don’t actually transfer ownership, sending property right back through probate.
Hiring a local estate planning attorney up front typically costs far less than fixing errors later. An experienced lawyer also spots hidden tax traps, such as leaving a vacation home to multiple siblings who will later face steep capital gains. A short consult can prevent years of litigation.
3. Failing to Update Your Estate Plan Regularly
Your plan reflects your life at a single moment in time. Marriages, divorces, new babies, and career changes all shift that picture. If your documents stay outdated, an ex-spouse might inherit your retirement account, or a new child might be unintentionally left out.
Review your will, trust, and powers of attorney after major life events. At minimum, set a reminder every three to five years to revisit your documents and ensure all assets are included.
4. Overlooking Digital Assets
Today’s wealth often hides in digital form, cryptocurrency wallets, online brokerage accounts, payment apps, and even social media pages that hold sentimental or financial value.
Create an inventory listing each digital platform, username, and password storage location. Then, name a digital fiduciary under the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, granting your chosen person legal authority to access or close these accounts.
5. Naming the Wrong Personal Representative or Trustee
Choosing who manages your estate can be more complex than it seems. A child who lives far away or struggles with money may not be the best choice. Similarly, naming siblings with strained relationships can lead to conflict.
Select someone reliable, impartial, and organized, and always ask first. If your nominee declines or is deemed unfit, Massachusetts probate courts can delay the process for months.
6. Not Coordinating Devisee (Beneficiary) Designations
Retirement accounts, life insurance policies, and payable-on-death accounts transfer outside your will. If those designations are outdated, the wrong person could receive funds, even if your will says otherwise.
Keep these in mind:
- Review designations after major life changes.
- Name both primary and contingent beneficiaries.
- Avoid naming minors directly; use a trust instead.
A simple form update can prevent years of probate confusion.
7. Neglecting to Plan for Incapacity
Estate planning isn’t just about what happens after death. A durable power of attorney allows someone you trust to manage bills, property sales, and accounts while you recover. Without it, your family may have to petition for guardianship, an expensive, public, and time-consuming process.
Similarly, a health care proxy ensures your chosen advocate can consult with doctors and follow your medical wishes. Draft these documents early so decisions stay in trusted hands.
8. Keeping Estate Planning Documents Inaccessible
An original will locked in a bank safe deposit box can create a catch-22: the bank won’t release it without the will, but the will is inside the box. Store signed originals in a fire-resistant home safe, and share copies with your personal representative, trustee, and attorney.
Keep a contact sheet with phone numbers and email addresses for everyone involved so your team can act quickly if needed.
9. Ignoring State-Specific Laws
Every state handles probate and estate taxes differently. In Massachusetts, estates worth more than $2 million are subject to a state estate tax, even if they fall below the federal threshold. Here’s a quick comparison:
| Rule | Massachusetts | Federal |
| Exemption Amount (2025) | $2 million | $13.99 million |
| Top Tax Rate | Up to 16% | 40% |
| Portability for Spouses | No | Yes |
Strategic planning, like gifting, using life insurance trusts, or shifting assets between spouses, can minimize taxes. Always consult a Massachusetts attorney or CPA before making changes.
10. Failing to Fund a Trust
A trust only works if it’s properly funded. We often see clients sign beautiful documents but forget to retitle assets, leaving them vulnerable to probate.
To fund a trust correctly:
- Record a new deed for real estate.
- Complete ownership transfer forms for bank and investment accounts.
- Update beneficiary designations where appropriate.
Common assets to transfer include homes, brokerage accounts, CDs, and collectibles. Once funded, your trust can avoid probate and provide ongoing protection.
Keeping Your Plan Great, Today and Tomorrow
At Jordan & White, LLC, we believe that creating your estate plan is only the beginning. Once your plan is set, the ongoing step is what really counts, what we call Keeping It Great. Regular reviews and updates ensure your plan continues to reflect your goals, lifestyle, and the law.
Building an estate plan isn’t just about documents, it’s about protecting the people and future you care about most.
Next step:
Download your Estate Planning Launch Pad, get organized today, and schedule your Great Life Discovery Session™ to start (or update) your plan with confidence.
Call us at 978-744-2811 or visit our Contact Us page to get started.
We look forward to helping you protect what matters, and keep it great for years to come.