Many people in Arizona delay estate planning until they hit 60, retire in Sun City, or move into a Scottsdale neighborhood. But life isn’t always predictable. Life changes happen quickly. A new grandchild, buying a second home, or medical bills can lead to confusion and legal battles if you don’t have a solid plan.
Learning about estate planning mistakes and how to avoid them can protect your family, save money, and ensure your wishes are honored.
Mistake 1: Not Having a Will
One of the most common mistakes in estate planning is not creating a will. Property distribution follows state intestacy laws if you die without a will in Arizona. That means the court decides who inherits your home, accounts, and personal belongings. For many families, this leads to outcomes that do not reflect their true wishes.
Creating a valid will that meets Arizona’s legal requirements and clearly states how you want your property distributed can give your family guidance and prevent unnecessary disputes.
Mistake 2: Failing to Update Documents After Major Life Events
Life changes, and so should your estate plan. Marriage, divorce, the birth of children, or moving to Arizona can all affect the handling of your estate. An outdated plan may leave out a new spouse or child, give authority to someone you no longer trust, or create conflicts between beneficiaries.
Review your estate plan every three to five years or after any significant life event. Update documents immediately when family circumstances, financial status, or state of residence change.
Mistake 3: Ignoring Arizona’s Community Property Rules
Arizona is a community property state. That means most assets acquired during marriage belong equally to both spouses, regardless of whose name is on the title. Failing to account for these rules in your plan can create confusion or disputes.
Work with an Arizona attorney to structure your estate plan around these rules. You may need agreements with your spouse or trusts that clarify how to divide assets.
Mistake 4: Not Planning for Incapacity
Estate planning is not only about what happens after death. It also matters while you’re alive but unable to make decisions for yourself. If you don’t have a financial or health care power of attorney, your family might have to go to court to make decisions if you can’t.
Preparing these documents now ensures that someone you trust can make financial and medical decisions on your behalf later.
Mistake 5: Naming the Wrong Fiduciaries
Choosing who will serve as your trustee, guardian, or personal representative is a critical decision. Naming the wrong fiduciary can lead to disputes, mismanagement, or costly litigation.
When selecting a fiduciary, consider whether that person is responsible, financially stable, and willing to take the role. Talk with them beforehand to confirm they understand the role and want the responsibility. Consider naming alternates in case your first choice is unable to serve.
Mistake 6: Overlooking Beneficiary Designations
Assets like retirement accounts and life insurance pass directly to named beneficiaries, regardless of what your will says. Forgetting to update these forms can leave money in the wrong hands.
Regularly review and update all beneficiary designations to match your estate plan.
Mistake 7: Thinking a Simple Will Is Enough
While a will is essential, it may not cover all your needs. Families with real estate, businesses, or significant savings often benefit from trusts. They can help avoid probate, provide tax advantages, and protect assets for future generations. Relying only on a will can leave your loved ones navigating unnecessary court processes and expenses.
Speak with an estate planning attorney about your wishes and how best to set up your estate to protect your assets and family.
Mistakes in Estate Planning: Arizona Law Can Be Complex
Even a minor oversight in your estate plan can have significant consequences in probate court. Arizona has many complex legal requirements. Combined with family dynamics, the risk of making mistakes increases.
Work with an experienced attorney to create a thoughtful and legally valid plan. It can help reduce conflict and make life easier for those you care about.
Choose Theut Scaringelli & Kupiszewski P.L.C.
Avoiding estate planning mistakes starts with a conversation with a trusted estate planning lawyer. Whether you need a first-time will, updates to an old plan, or guidance on protecting a loved one’s future, our attorneys can help. Theut Scaringelli & Kupiszewski combines technical skill with compassion. We help Arizona families make informed choices about their legacies.
At Theut Scaringelli & Kupiszewski, estate planning is our primary focus. Our attorneys have devoted decades to probate, trust, estate, and guardianship law in Arizona. One of our partners served on the Maricopa County probate bench, giving us unique insight into how judges review and enforce estate planning documents. We appear daily in Arizona probate courts and have helped families with everything from modest estates to multi-million-dollar trusts. That depth of experience allows us to create plans that work in practice, not just on paper.
Contact us today to schedule a consultation. Take the first step toward a plan that reflects your wishes, avoids common estate planning mistakes, and protects your loved ones.
