Dying is unpredictable, but planning for it doesn’t have to be chaotic — unless the plan itself is flawed. And unless a mistake surfaces while you’re still alive to fix it, it can become a permanent problem for the people you leave behind. Here are seven of the most common estate planning mistakes, drawn from real cases attorneys see again and again.
1. Trusting an Inherited IRA to the Wrong Advice
Inherited retirement accounts follow strict, unforgiving IRS rules, and even experienced professionals get them wrong. A 60-day rollover — a routine move for a standard IRA — is not allowed for most inherited IRAs, and if it’s attempted anyway, the IRS generally will not let you undo it. The result can be an unexpected, avoidable tax bill on the entire account. If you inherit a retirement account, get advice from someone who specializes in inherited-IRA rules specifically, not general retirement planning.
2. Leaving Assets “Fee Simple” to a Minor
Leaving money outright — “fee simple” — to a minor child sounds generous, but it can backfire badly. If a parent dies while a child is still a minor, whoever becomes the child’s legal guardian (which could be an ex-spouse or estranged family member) may also gain control of that inheritance until the child turns 18 or 21. A trust, rather than an outright bequest, lets you control who manages the money and when the child actually receives it — regardless of who ends up as guardian.
3. Building a Cash-Deficient Estate Plan
Transfer-on-death accounts, payable-on-death designations, and joint accounts are popular because they skip probate — but that convenience has a downside. When most or all of your liquid assets pass directly to named beneficiaries, your executor may be left with no cash to pay final income taxes, estate settlement costs, or outstanding medical bills. Beneficiaries can sometimes be asked to help cover those costs voluntarily, but the IRS can pursue almost anyone connected to the estate for unpaid taxes. Keep some liquidity inside the estate itself, not just in accounts that bypass it entirely.
4. Not Planning for Every “What If”
A thorough estate plan accounts for uncomfortable contingencies: What if you and your spouse die at the same time? What if a minor child outlives a parent by only hours or days? Generic, do-it-yourself, or store-bought wills often skip this kind of scenario planning entirely — with consequences that can send an entire estate to someone you never intended, simply because of the order in which events unfolded. This is exactly the kind of nuance a qualified estate planning attorney is trained to catch and you are not.
5. Failing to Tell Anyone What You’ve Done
An estate plan only works if someone knows it exists. Life insurance policies, in particular, get lost with alarming regularity: premiums are paid automatically from a bank account, the account closes after death, the insurer’s renewal notice bounces back as undeliverable, and a six- or seven-figure policy quietly lapses into unclaimed property. Make sure at least one trusted person — an adult child, a sibling, your executor — knows what accounts and policies exist and where to find the paperwork.
6. Letting Sentimental Items Go Undiscussed
Money isn’t always what tears families apart during probate — a piece of furniture, jewelry, or a childhood keepsake can do it just as easily. Estate planners routinely see siblings in open conflict over items with real emotional value but modest financial value. Talking through who gets what — even informally — before you die can prevent resentment that outlasts the estate itself.
7. Avoiding the Conversation Entirely
The instinct to avoid discussing death with your family is natural, but silence has a cost only your heirs will pay. Communicating your intentions in advance can feel uncomfortable in the moment; not communicating them can cause lasting damage to family relationships once you’re no longer there to explain your reasoning.
The Common Thread
Every mistake on this list shares the same root cause: an assumption that a plan doesn’t need review, doesn’t need a conversation, or doesn’t need a specialist’s eye. Estate planning isn’t a document you write once and forget — it’s a plan that needs the right advice, the right structure, and the right people informed while you’re still around to fix what’s wrong.
PMV Consulting, LLC 
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