The most common estate planning mistakes in New York are not having a plan at all, using outdated documents, naming the wrong beneficiaries, and trying to handle a complex estate without an attorney. Each of these mistakes is avoidable, and each one can cost your family significant time, money, and stress.
Most estate planning mistakes are not the result of bad intentions. They happen because people put off planning, assume their situation is too simple to need professional help, or forget to revisit documents they signed years ago. In New York, where the legal requirements are strict and the consequences of an error fall on your family, these mistakes are more costly than most people realize.
Below, estate planning attorney Ken Seligson walks through the most common mistakes he sees and how to avoid each one.
Mistake 1: Not Having an Estate Plan at All
The single biggest mistake is having no plan whatsoever. If you die without a will in New York, the state’s intestate succession laws decide who inherits your estate, and the result is often very different from what you would have chosen. Unmarried partners and stepchildren receive nothing. A surviving spouse may not receive everything you intended.
This mistake is not limited to people without significant assets. Everyone who owns property, has children, or cares about who makes decisions for them needs at least a basic plan.
Mistake 2: Writing Your Own Will Without Understanding New York’s Requirements
New York has strict execution requirements for a valid will under EPTL Section 3-2.1. If you are drafting a will yourself, you need to know that it must be signed at the end, in front of two witnesses, who must also sign within 30 days of each other. A single mistake in this process can render the entire will invalid.
This includes handwritten wills, which New York does not generally accept except in narrow circumstances for military service members and mariners at sea, and increasingly, wills generated by AI tools without attorney review.
Mistake 3: Letting Documents Go Stale After a Major Life Event
Marriage, divorce, and the birth of a child all change what your estate plan needs to accomplish, but none of them automatically update your documents in every respect. Many New Yorkers leave an ex-spouse named on a retirement account years after a divorce or fail to name a guardian after having a child.
A good rule of thumb: review your estate plan after every major life event and, at minimum, every three to five years even without one.
Mistake 4: Forgetting Beneficiary Designations Override Your Will
Retirement accounts, life insurance policies, and transfer-on-death accounts pass according to the beneficiary designation on file, not according to your will. If you update your will but forget to update these designations, the wrong person may still inherit those assets, regardless of what your will says.
A thorough estate plan review catches the gaps that individual documents miss. Seligson Law works with families and business owners across New York to make sure every piece of the plan works together. Leave us your details to schedule your consultation.
Mistake 5: Not Planning for Incapacity
Many people focus entirely on what happens after death and overlook what happens if they become incapacitated while still alive. Without a durable power of attorney and a health care proxy, your family may need to go to court to get the legal authority to manage your finances or make medical decisions on your behalf.
Mistake 6: Ignoring New York’s Estate Tax Cliff
New York has its own estate tax with an exemption far lower than the federal threshold, currently $7.35 million for 2026. What surprises most families is the cliff rule: if your estate exceeds the exemption by more than 5%, you lose the exemption entirely, and your entire estate becomes taxable.
This mistake is particularly common among homeowners and business owners in New York City, where property values alone can push an estate close to the threshold without the owner realizing it.
Mistake 7: Naming a Beneficiary Who Is Also a Witness
Under EPTL Section 3-3.2, if a witness to your will is also a beneficiary, their gift may be voided unless there are at least two other disinterested witnesses. This is a trap that catches people writing their own wills far more often than those working with an attorney, since most people do not know the rule exists.
Mistake 8: Leaving a Direct Inheritance to a Minor Child
Minor children cannot directly manage significant assets in New York. If you leave money to a minor without a trust in place, a court may appoint a guardian of the property to manage the funds until the child turns 18, at which point the child receives everything outright with no structure or oversight.
A trust lets you control when and how a child receives their inheritance instead of handing it over all at once at a young age.
Mistake 9: Assuming a Trust Avoids Probate Automatically
A revocable living trust only controls assets that are actually transferred into it. People sometimes create a trust, sign the documents, and never retitle their accounts or property into the trust’s name. Those assets remain outside the trust and still go through probate, defeating the purpose of creating the trust in the first place.
Mistake 10: Doing It Yourself for a Complex Estate
A simple, low-value estate with no minor children and no business interests may not need extensive planning. But a blended family, a business, property in more than one state, or an estate near the New York tax threshold all introduce complexity that a DIY approach is not equipped to handle.
The cost of a properly drafted plan is almost always far less than the cost of a will contest, a Medicaid penalty period, or an unexpected tax bill.
How New York Law Treats Estate Planning Mistakes
When a mistake in an estate plan leads to a dispute, the matter typically ends up in Surrogate’s Court, the court that handles probate and estate administration in New York. Good intentions do not excuse a technical failure, and the court has limited ability to fix a document after the fact, no matter how clear your wishes were.
A defective will or an overlooked beneficiary designation can lead to several outcomes, including:
- A will contest filed by someone who believes the document is invalid or was signed under undue influence
- Delays in probate while the court resolves questions about execution or intent
- Legal fees paid out of the estate rather than going to your beneficiaries
- Assets passing to the wrong person because a designation or document was never updated
- Family disputes that could have been avoided with clear, properly executed documents
None of these outcomes are things the court can simply waive because your intentions were good. This is why precision matters at every stage of the planning process, not just at the moment you sign your final documents.
Talk to a New York Estate Planning Lawyer at Seligson Law
Every mistake on this list is avoidable with the right plan in place from the start. Seligson Law handles estate planning for individuals, couples, and business owners across New York, including Manhattan, Brooklyn, Queens, and statewide.
Call 213-293-6692 or send us a message to schedule your consultation today.
Frequently Asked Questions About Estate Planning Mistakes in New York
1. What is the most common estate planning mistake in New York?
The most common mistake is not having an estate plan at all. Without a will, New York’s intestate succession laws decide who inherits your assets, which may not reflect what you actually want. Seligson Law can help you build a plan that protects your family and your wishes.
2. Why do beneficiary designations matter more than my will?
Beneficiary designations on retirement accounts, life insurance, and transfer-on-death accounts override what your will says. If you forget to update them after a major life change, the wrong person may still inherit those specific assets, regardless of your will’s instructions.
3. What happens if I do not have a power of attorney in New York?
Without a durable power of attorney, your family has no legal authority to manage your finances if you become incapacitated, not even your spouse. They would need to file a guardianship proceeding in court, which can take months and cost thousands in legal fees.
4. Do I need to worry about New York estate tax?
If your estate is approaching or above $7.35 million in 2026, yes. New York’s estate tax cliff means exceeding the threshold by more than 5% can make your entire estate taxable, not just the amount over the limit. Contact Seligson Law for help planning around the cliff.
5. How often should I review my estate plan in New York?
Review your plan after any major life event, including marriage, divorce, or the birth of a child. Even without one of those events, reviewing your documents every three to five years helps make sure they still reflect your current wishes.
6. Is a DIY estate plan ever appropriate in New York?
For very simple estates with no minor children, minimal assets, and no business interests, a basic plan may work as a temporary measure. For most New Yorkers, the complexity of state law makes attorney involvement the safer, more reliable choice. Ken Seligson can help you decide what fits your situation.
7. Who handles disputes over a poorly drafted estate plan in New York?
Disputes over wills and estate documents are handled by the Surrogate’s Court in the county where you lived. The court applies New York’s execution requirements strictly, which is exactly why a properly drafted plan matters from the very start. Contact Seligson Law to get started.
