Top 5 Things Parents Forget to Include in Their Estate Plan

Most parents believe that once they create a will, their family is protected. The truth is many estate plans are incomplete, outdated, or missing critical pieces that only show up during a crisis. Estate planning isn’t just about money. It involves guardianship, healthcare decisions, daily stability for your children, and protecting your family from stress and legal confusion. Over the years, estate planning attorneys see the same mistakes repeated over and over, often by loving, well-meaning parents who simply didn’t know what to include.  

Here are the top five things parents commonly forget to include in their estate plan and why fixing them now can make all the difference.  

1. Naming a Legal Guardian for Minor Children

  This is the most important and most frequently overlooked part of a parent’s estate plan.  

If both parents pass away without naming a legal guardian, a California court will decide who raises your children. While judges aim to act in the child’s best interest, the outcome may not reflect your wishes. 

Why this matters:  

- Family members may disagree or fight over custody.  

- Temporary foster care may be involved during the process.  

- The court’s decision may surprise you. 

 Pro tip:  

Always name:  

- A primary guardian.  

- At least one backup guardian.  

And talk to them beforehand to ensure they’re willing and prepared.  

2. A Trust to Manage Assets for Your Children  

Many parents assume that leaving money directly to their children through a will is enough. In reality, minors cannot legally manage inherited assets.  

Without a trust:  

- The court may appoint a conservator.  

- Funds may be released to your child at 18—often too young to handle large sums responsibly.  

- Legal and court fees can reduce the inheritance.  

What a trust allows you to do:  

- Decide when and how your children receive money.  

- Protect assets until they are mature enough.  

- Appoint a trusted person to manage funds responsibly.  

Trusts are especially important for parents who own homes, businesses, or life insurance policies.  

3. Updating Beneficiary Designations  

Estate plans don’t override beneficiary forms on:  

- Life insurance policies.  

- Retirement accounts (401(k), IRA).  

- Payable-on-death bank accounts.  

If these forms are outdated, assets may go to:  

- An ex-spouse.  

- A deceased relative.  

- Someone you no longer intend to benefit from.  

Common mistake:  

Parents update their will but forget to update beneficiaries.  

Why this causes problems:  

- Assets bypass your estate plan.  

- Legal disputes among surviving family members.  

- Delays and emotional stress during an already tough time.  

Review beneficiaries every 2–3 years or after major life changes.  

4. Healthcare Directives and Powers of Attorney  

Estate planning isn’t only about what happens after death; it’s also about what happens if you’re alive but unable to make decisions.  

Parents often forget to include:  

- A Healthcare Directive (for medical decisions).  

- A Durable Power of Attorney (for financial decisions).  

Without these:  

- Family members may need court approval to act.  

- Delays can impact medical care.  

- Decisions may not reflect your values. 

Why this is crucial for parents:  

If you’re incapacitated, someone must still:  

- Access bank accounts.  

- Pay household bills.  

- Make urgent healthcare decisions.  

Clear documents avoid confusion and conflict.  

5. Instructions for Digital Assets and Personal Wishes  

In today’s digital world, many important parts of life exist online, yet few parents plan for them. 

This includes:  

- Email accounts.  

- Social media profiles.  

- Online banking access.  

- Photo storage and digital memories.  

Additionally, parents often forget to document:  

- Funeral or memorial preferences.  

- Cultural or religious wishes.  

- Personal letters to children.  

These may seem small, but they provide clarity, comfort, and closure for loved ones.  

Why These Gaps Create Bigger Problems Than People Expect

  When estate plans are incomplete, families often face:  

- Court delays.  

- Higher legal costs.  

- Emotional disputes.  

- Long-term financial consequences for children. 

Many of these issues are entirely avoidable with proper planning and legal guidance.  

At Chopra Law Firm, estate planning is seen not as paperwork but as family protection. Every plan should reflect real life, real children, and real concerns.  

Conclusion : Estate Planning Is an Act of Parenting 

Creating a complete estate plan is one of the most thoughtful decisions a parent can make. It’s not about expecting the worst; it’s about being ready for the unexpected. 

If you already have an estate plan, it may be time to review it. If you don’t, starting now can save your family from uncertainty later.  

A well-crafted estate plan gives parents peace of mind and provides stability for children when they need it most.  

Need Help Creating or Reviewing Your Estate Plan?  

We have an experienced estate planning team at Chopra Law Office that helps parents protect what matters most today and for future generations.