Top 5 Mistakes to Avoid When Creating a Will

January 23, 2026

Creating a will is one of the most important steps you can take to protect your family and your assets. It provides a clear roadmap for how you want your legacy handled. However, estate planning is more than just writing down who gets what.

Many people unintentionally make errors that can cause significant stress, delays, and legal expenses for their loved ones. A simple oversight might invalidate the document or lead to outcomes you never intended. By understanding these common pitfalls, you can ensure your final wishes are honored exactly as you envision.


1. Failing to Update After Major Life Changes

Life moves fast. You might get married, divorced, have children, or buy a new home. Unfortunately, many people create a will and then tuck it away in a drawer for decades. An outdated will can leave assets to an ex-spouse or accidentally disinherit a new child.

It is smart to review your estate plan every few years or whenever a significant life event occurs. Keeping your documents current ensures that they reflect your present reality rather than your past.


2. Choosing the Wrong Executor or Guardian

Selecting the people who will carry out your wishes is a critical decision. Your executor manages your estate, pays debts, and distributes assets. If you choose someone who is disorganized or lives far away, the process can become difficult and expensive.

Similarly, guardianship nominations require careful consideration for parents of minor children. Naming a guardian who does not share your values or parenting style can create future conflict. Take time to speak with your chosen candidates to make sure they are willing and able to take on the responsibility.


3. Relying on Generic Online Templates

In the age of the internet, it is tempting to use a "do-it-yourself" form to save money. However, these templates often fail to account for specific state laws. A form that works in Texas might not be valid in Rhode Island.

Generic documents frequently miss crucial details regarding taxes and specific family dynamics. Working with a qualified Rhode Island estate planning attorney ensures your will is legally sound and customized to your unique situation.


4. Overlooking Beneficiary Designations 

A will only handles assets that go through probate. It does not automatically control everything you own. Life insurance policies, retirement accounts, and jointly held property often pass directly to a beneficiary outside of your will.

If your beneficiary designations conflict with what is written in your will, the beneficiary designation usually wins. Comprehensive asset protection planning involves coordinating all your accounts so they work together seamlessly.


5. Forgetting About Pets and Special Needs

Our furry friends are family too. Yet, many will fail to outline who should care for pets or provide funds for their upkeep. Without a plan, your pets could end up in a shelter. Including provisions for estate planning for pets gives you peace of mind knowing they will be safe.

Additionally, leaving money directly to a beneficiary with special needs could disqualify them from essential government benefits. A properly structured trust can provide for them without jeopardizing their aid.



Securing Your Legacy with Confidence

Avoiding these mistakes can save your family from unnecessary heartache and confusion. Proper planning offers the comfort of knowing that your loved ones will be cared for according to your exact wishes.

If you are ready to create a plan that truly reflects your life and goals, speaking with a professional is the best next step. Visit https://estateplanningwithsherimontecalvo.com to learn more about how we can help you build a secure future.


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