Common Mistakes People Make in DIY Estate Planning

Online templates may seem easy, but DIY estate planning can lead to costly mistakes. Learn the most common errors and how to avoid them.

Online forms and free tools have made estate planning more accessible—but they’ve also led to a rise in avoidable mistakes. While a do-it-yourself (DIY) approach may seem convenient, even small errors can result in costly legal issues, tax consequences, or disputes among family members.

Common Errors to Watch Out For

1. Improper Execution

   New York law has strict requirements for signing and witnessing a will. If these steps aren’t followed correctly, the document may be invalid.

2. Unclear or Conflicting Terms

   Generic templates often use vague or outdated language that creates confusion. Conflicts between your will and beneficiary designations (such as on retirement accounts) can cause major problems.

3. Lack of Tax Planning

   DIY documents rarely account for estate taxes, capital gains, or Medicaid eligibility. What looks like a simple plan could trigger unnecessary taxes or disqualify you from future benefits.

4. No Contingency Planning

   Many DIY plans don’t include alternates—for example, a backup executor or guardian. If your first choice can’t serve, the court may need to step in.

5. Failure to Address State-Specific Laws

   Laws vary by state. A document created in another state (or downloaded from the internet) may not meet New York’s legal standards.

Get It Right the First Time

Estate planning is too important to leave to chance. Working with an experienced attorney ensures your plan is legally sound, tax-efficient, and tailored to your unique situation.

Contact The Law Office of Jin-Wook Kim, P.C. to avoid common mistakes and create a plan that protects your legacy and your loved ones.