Estate planning is one of the most important steps you can take to protect your family and your assets. However, despite its importance, many people delay the process or make critical mistakes that can lead to costly legal complications, family disputes, and unintended consequences. At Ruesch Reeve Werrett & Jones, PLLC, we’ve helped countless Utah residents navigate the estate planning process—and we’ve seen firsthand the common pitfalls that can derail a well-intentioned plan.
In this comprehensive article, we explore five of the most frequent mistakes people make when planning their estate in Utah and how you can avoid them.
Mistake #1: Not Having an Estate Plan at All
Why It’s a Problem
The most common mistake is also the most fundamental—failing to create an estate plan in the first place. Many people believe they don’t have enough assets to justify a plan, or they put it off because it feels too overwhelming. Others assume that a simple will is enough to cover all their bases.
In Utah, if you pass away without a will (known as dying “intestate”), your estate is distributed according to state law. This process may not reflect your wishes and can lead to unintended outcomes such as distant relatives inheriting assets or family members being left out.
Without clear instructions, courts must make decisions on your behalf—decisions that may not align with what you would have chosen. For example, if you have minor children, the court will appoint a guardian, potentially someone you wouldn’t have picked.
How to Avoid It
Start by meeting with an experienced estate planning attorney who understands Utah law. They can help you inventory your assets, clarify your goals, and create the necessary documents to ensure your wishes are honored. Even a basic plan is better than none, and it can always be revised later.
Creating a foundational estate plan typically includes:
- A Last Will and Testament
- A Durable Power of Attorney
- A Healthcare Directive
- A Trust (if applicable)
Mistake #2: Failing to Update Your Estate Plan
Why It’s a Problem
Life changes—and so should your estate plan. Major life events such as marriage, divorce, the birth of a child, or the death of a beneficiary should trigger a review of your plan. Unfortunately, many people create an estate plan and then forget about it for decades.
An outdated estate plan can result in assets being distributed to the wrong individuals, guardianship issues, or even legal challenges. For example, if you named your former spouse as a beneficiary and forgot to change it, they may still legally inherit assets.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts also need regular review. These often override what’s written in your will.
How to Avoid It
Review your estate plan at least every 3–5 years or whenever a significant life event occurs. Work with an attorney to ensure that your documents, such as your will, trusts, power of attorney, and healthcare directives, still reflect your current wishes.
Also, keep a list of all accounts, policies, and digital assets. Ensure your executor or trustee knows where to find everything.
Mistake #3: Not Planning for Incapacity
Why It’s a Problem
Estate planning isn’t just about what happens after you die—it also involves preparing for what happens if you become incapacitated due to illness or injury. Without proper documentation, your family may have to go to court to obtain guardianship or conservatorship to make medical or financial decisions on your behalf.
This not only delays care but can also create conflict and stress for loved ones.
Incapacity planning is essential for:
- Ensuring bills get paid if you’re hospitalized
- Allowing a trusted person to make healthcare choices
- Preventing family arguments about your care
How to Avoid It
Include the following in your estate plan:
- Durable Power of Attorney: Authorizes someone to manage your finances if you’re unable to.
- Healthcare Power of Attorney: Appoints someone to make medical decisions for you.
- Advance Healthcare Directive (Living Will): Outlines your preferences for end-of-life care.
Having these documents in place can provide peace of mind and ensure that your wishes are respected. Also, keep copies in a secure but accessible location and let your chosen agents know where to find them.
Mistake #4: Naming the Wrong Executor or Trustee
Why It’s a Problem
Choosing who will manage your estate is one of the most important decisions you’ll make. Unfortunately, people often select someone based on family dynamics rather than on capability. An unqualified or overwhelmed executor can make errors, delay the process, or create conflict among beneficiaries.
Additionally, if your named executor is unable or unwilling to serve and no alternates are listed, the court will appoint someone, possibly not the person you would have chosen.
Trustees of trusts have even greater responsibilities, including managing funds and distributions over a long period. Mismanagement can lead to lawsuits, tax penalties, or loss of assets.
How to Avoid It
Select someone responsible, organized, and able to make objective decisions. Consider naming a professional fiduciary or co-trustees if you anticipate complications or family tension.
Have a conversation with the person you’re considering. Make sure they’re willing and able to take on the role, and name backups in your documents.
Mistake #5: Overlooking the Impact of Taxes and Probate
Why It’s a Problem
Many people assume that estate taxes won’t apply to them, but without proper planning, your estate could still face unnecessary tax burdens or probate expenses. In Utah, probate can be time-consuming and public. Even small estates may face avoidable costs if not properly structured.
Probate can take several months to years, depending on the complexity of the estate. The process may include court fees, attorney fees, appraisals, and delays in asset distribution.
How to Avoid It
- Consider setting up revocable or irrevocable trusts to help minimize estate taxes and avoid probate.
- Designate beneficiaries on life insurance, retirement accounts, and bank accounts to allow them to pass outside of probate.
- Use tools like Transfer-on-Death (TOD) and Payable-on-Death (POD) designations to simplify transfers.
- Work with an estate planning attorney to take advantage of applicable state and federal tax exemptions.
Also, be aware of Utah-specific rules, such as elective share rights for surviving spouses, that could affect how your assets are distributed.
Bonus Mistake: DIY Estate Planning
Why It’s a Problem
With online templates and will kits, it’s tempting to tackle estate planning yourself. But Utah estate laws are complex, and one error in wording or execution can render your plan invalid. A generic form may not address your unique family dynamics, tax situation, or long-term goals.
DIY documents often:
- Lacks clarity or contains ambiguous language
- Miss required legal formalities (e.g., proper witnessing)
- Fail to coordinate with beneficiary designations or trust provisions
How to Avoid It
Invest in professional legal help. A knowledgeable attorney can help you create a comprehensive, customized estate plan that meets Utah’s legal standards and adapts to your changing needs.
Why Choose Ruesch Reeve Werrett & Jones, PLLC?
Located in Southern Utah, our law firm is dedicated to helping individuals and families protect what matters most. Whether you’re planning your estate for the first time or updating an existing plan, our experienced team provides personalized, compassionate, and legally sound guidance.
We offer:
- Customized estate plans tailored to your family and financial situation
- Trusts, wills, and powers of attorney
- Asset protection strategies
- Probate and trust administration
- Business succession planning for family-owned businesses
- Guardianship planning for minor children or dependents with special needs
With over a decade of experience and a deep understanding of Utah estate law, we help clients navigate their options with confidence.
Final Thoughts
Estate planning isn’t just for the wealthy—it’s for anyone who wants to ensure their wishes are followed, their family is protected, and their legacy is preserved. By avoiding these common mistakes and working with a trusted legal team, you can create a plan that brings peace of mind today and security for tomorrow.
Proper estate planning can:
- Eliminate uncertainty
- Reduce family conflict
- Preserve your legacy
- Protect your loved ones from legal stress
📞 Contact Ruesch Reeve Werrett & Jones, PLLC, today to schedule your estate planning consultation.
👉 Visit us online at rrlegal.com or call us to learn more.