It’s spooky season—and nothing is scarier than an estate plan gone wrong. As estate planning attorneys, we’ve seen firsthand how a few simple oversights can turn into real-life nightmares for families. Here are some of the most chilling mistakes to avoid (with a few famous examples to prove it really can happen to anyone):
1. No Plan at All
Dying without a will means the state decides who inherits your assets—and it might not be who you’d choose. Your loved ones could face unnecessary costs, delays, and disputes.
Example: Music legend Prince died without a will or trust, leaving behind a $150 million estate that spent more than six years tangled in court. Over 45 people initially claimed to be his heirs, and millions were lost to legal fees before the case was finally resolved.
2. Outdated Documents
Life changes—so should your estate plan. Births, deaths, divorces, and new laws can all make your old documents ineffective or even harmful.
Example: Actor Heath Ledger had a will—but it was written before his daughter was born. Because he never updated it, his entire estate was left to his parents and sisters. Thankfully, they chose to give everything to his daughter voluntarily, but not every family is so generous.
3. Naming the Wrong Beneficiaries
Out-of-date beneficiary designations on life insurance or retirement accounts can undo even the best will or trust. Always double-check who’s listed.
Example: Tom Petty’s estate turned into a long legal battle between his widow and daughters after conflicting language in his trust and account designations created confusion about who controlled his legacy.
4. DIY Estate Planning
Online forms and templates might seem convenient, but one missing signature or unclear clause can make your plan invalid.
Example: The Queen of Soul, Aretha Franklin, left behind three handwritten wills discovered after her death—some found in couch cushions! The unclear documents sparked years of legal battles over her true intentions.
5. Ignoring Long-Term Care and Special Needs Planning
Failing to plan for medical costs, nursing home care, or loved ones with special needs can drain your estate and jeopardize benefits.
Example: Actress Zsa Zsa Gabor lived for years incapacitated after a car accident. Without clear health care directives or a named agent, her husband and daughter fought publicly over guardianship and medical decisions.
Estate planning isn’t just about documents—it’s about protecting your family, your wishes, and your peace of mind. Don’t let a simple mistake come back to haunt you.
If it’s been more than a few years since your last review—or if you’ve never created a plan at all—now is the perfect time to make sure your estate plan is in good shape.