Top 5 Estate Planning Mistakes to Avoid

As an estate planning attorney practicing in Maryland, I often meet clients who assume they don’t need much more than a will, or worse, believe they can get by without one. Unfortunately, this approach can create unnecessary confusion, legal costs, and conflict for loved ones. 

Most states have specific requirements for how estate planning documents must be created, executed, and updated. In this article, the State of Maryland will be the focus. I’ll share the five most common estate planning mistakes I’ve seen and how you can avoid them to protect your assets, health decisions, and legacy. 

Not Having a Will: Letting the State Decide for You

One of the most frequent and dangerous mistakes is failing to draft a valid last will and testament. If you die intestate (without a will), Maryland law, not your personal wishes, dictates how your assets are distributed. 

Under Maryland intestacy law, property is divided based on a statutory order of heirs. For instance, if you are married with children, your spouse may not automatically become the sole beneficiary. 

In reference to guardianship, if your children are minors and there’s no will, the court will decide who becomes their guardian. These decisions are made by the Orphans’ Court, not your family, and not you. 

"As an attorney, I always remind clients- a properly executed will is not just about dividing property, it's about protecting people. "

Overlooking a Financial Power of Attorney

Without a financial power of attorney (POA), no one, including your spouse or children, can legally manage your finances if you become incapacitated. In Maryland, this can result in your loved ones needing to petition the court to appoint a guardian, which is both time-consuming and expensive. 

Maryland has adopted a Statutory Form Power of Attorney, and under state law, financial institutions are required to accept this form unless they have a valid reason to refuse. I encourage my clients to use the state-approved version to avoid challenges or delays. 

Not Having a Medical Advance Directive

Your estate plan should also address medical decisions. A Maryland advance directive allows you to express your healthcare preferences and name someone to speak on your behalf. 

Maryland’s legally recognized form includes a living will, a designation of a health care agent, and organ donation preferences. I often advise clients to register their completed

directive with the Maryland Advance Directive Registry, which ensures that hospitals and care providers can access it in an emergency. 

Consider this very real possibility: if you're incapacitated and haven’t created this document, healthcare providers may turn to family members who either don’t know your wishes or don’t agree on what you would want. 

Is this how you want your medical care to be handled? 

Relying on DIY Legal Forms Found Online

While it might be tempting to download estate planning documents from the internet, I cannot emphasize enough how risky this approach can be. Maryland has very specific legal requirements for the execution of wills, POAs, and advance directives, including witness rules, notarization, and mandatory statutory language. 

DIY documents that don’t meet state law requirements are often rejected by courts or financial institutions. Worse, they can be challenged by family members, leading to costly litigation. 

If you're planning to draft your documents independently, at the very least, review the state’s requirements outlined on the Maryland Courts’ Help Center page or have an attorney review the final draft. 

Failing to Update Your Estate Plan Over Time

Life is all about change! With this in mind, your estate plan should reflect your current life, not the life you lived five or ten years ago. I advise my clients to review their documents every three years or any time they experience a significant life change: marrying, divorcing, a new child, moving, or acquiring substantial new assets. 

In fact, Maryland updated its elective share law in 2020, significantly changing the rights of surviving spouses. If your plan predates that change, it may no longer protect your family the way you intended. You can review the latest updates by visiting the Maryland General Assembly’s legislative website. 

Updating your plan isn’t just smart, it’s essential to ensuring your documents are enforceable under current law. 

Final Legal Insight

A comprehensive estate plan in Maryland should include more than just a will. You need coordinated documents, financial and medical POAs, advance directives, and periodic legal reviews to truly protect your assets and ensure your wishes are honored. 

If you're unsure whether your documents meet Maryland’s legal standards or simply want peace of mind, let’s chat. Schedule your FREE 15-minute consultation with me. 

Remember, the cost of doing it right is far less than the cost of fixing it later.