Common Estate Planning Myths — and What’s Really True
Sara Faulkner

Estate planning is an essential part of protecting your legacy, yet a surprising number of myths continue to circulate about how it works. Misunderstandings about trusts, what estate planning actually covers, and the right way to approach disinheritance can lead to mistakes that create unnecessary problems for families. By clearing up these misconceptions, you can make more informed decisions and build a plan that truly reflects your wishes.

Myth #1: Setting up a trust automatically shields your assets

A widespread assumption is that establishing a trust instantly safeguards your property. In reality, a trust can only do its job if it’s properly funded. This means you must take the extra step of legally transferring assets — such as real estate, bank accounts, and other holdings — into the trust. Without this transfer, those assets remain in your name, leaving them open to probate, tax obligations, and potential creditor claims.

Think of a trust as a legal container. The container itself doesn’t provide any benefits unless you actually place items inside it. If ownership of your assets isn’t moved into the trust, it’s essentially an empty shell with no practical effect. Many people don’t realize that creating the trust document is only the first step. Properly funding the trust is what ensures it accomplishes what you intended, whether that’s avoiding probate, maintaining privacy, or protecting family members.

Myth #2: Estate planning only matters when you’re gone

Another common misconception is that estate planning is solely concerned with who inherits what after you pass away. While that’s certainly part of it, the full scope of estate planning extends well into your lifetime. A thorough plan also prepares for the possibility that you might become unable to handle your own affairs due to illness, injury, or age-related limitations.

Documents such as medical powers of attorney, financial powers of attorney, HIPAA releases, and health care directives allow you to choose trusted individuals to make important decisions on your behalf. Without these in place, your loved ones could face confusion, delays, or even legal battles during an already stressful time. Establishing these protections ensures your preferences are respected, and it provides peace of mind knowing that someone you trust can act for you if needed.

This underscores an important truth: estate planning is not just about preparing for the end of life — it’s also about preserving your quality of life. By giving yourself and your family clarity, you’re able to live more securely, knowing that if something happens, your wishes are clearly documented and easier to follow.

Myth #3: Leaving someone $1 is the best way to disinherit them

You may have heard the old idea that leaving someone a symbolic amount, such as a single dollar, is the safest way to prevent them from contesting your will. Today, this strategy is not only outdated but can also create unnecessary complications. When you include someone in your will for even a nominal amount, you formally acknowledge them as a beneficiary. This often gives them legal standing as an “interested party,” granting them access to documents, information, or court proceedings related to your estate.

Modern estate planning practices take a more direct and effective approach. If you intend to exclude someone, the best method is to clearly state your decision in the legal document. A simple, explicit declaration that you are choosing to omit an individual from receiving any part of your estate is typically enough to ensure your intentions are followed. This approach is cleaner, reduces the likelihood of disputes, and helps maintain privacy.

Leaving a token amount, on the other hand, may actually invite the very challenges you’re trying to avoid. Properly worded estate planning documents — drafted with help from a knowledgeable professional — provide a much more secure and efficient path.

The bigger picture: Estate planning requires careful, ongoing attention

At its core, estate planning is not a one-and-done task. Even if you’ve drafted documents in the past, reviewing and updating them regularly is essential. Life changes — such as marriage, divorce, births, deaths, changes in assets, or shifts in personal preferences — can quickly make an old plan outdated or incomplete.

Additionally, simply drafting documents without fine-tuning the details can leave major gaps. A trust without funding, a will that hasn’t been updated in years, or missing incapacity documents can all lead to unintended consequences. Working with a qualified professional helps ensure all components of your plan work together, comply with current laws, and accurately reflect your goals.

Above all, estate planning is about protecting the people and property that matter most to you. By understanding the truth behind common myths, you can take meaningful steps to ensure your plans are both effective and legally sound. Whether you’re just getting started or reevaluating an existing strategy, taking a thoughtful, informed approach will give you and your loved ones greater confidence about the future.