Estate plans are never “set it and forget it” plans. They need to reflect life, which invariably includes change, for better or worse. A recent article, “Is it time to reconsider your estate plan?” from Paso Robles Daily News explains when and why estate plans need to be reviewed.
For starters, there may be many people included in your estate plan. You named people to serve as executor, successor trustee, power of attorney and health care representative. Do you remember who they all are, and do you still want them to be the ones making decisions for you during incapacity or when you die?
You’ll also have to consider whether they are able to serve in these roles. If you have named your parents and they have passed on, or are too ill to serve, someone else needs to be named. Another issue: have any of these people moved? The people named in your plan need to be ready, willing and able to act on your behalf. If they live overseas or in a distant state, the challenges may be insurmountable.
Beneficiaries change over time as well. If you’ve gotten married, divorced, been widowed or become estranged from a key family member, you’ll probably want to change beneficiary designations. Check them on a regular basis.
You’ll also need to review how those beneficiaries are named. For instance, if you named grandchildren in a trust, without giving specific names, what would happen if a previously unknown grandchild came forward? In this day of DNA testing, you’ll want to be mindful of how beneficiaries are included.
If there is a family member who you do not want to receive an inheritance, your estate planning attorney will need to make sure your will is clear and that state laws to exclude the person are followed. Similarly, if one of your children is raising a stepchild they haven’t legally adopted and you want to include the child in your will, you’ll need to address this: stepchildren are not considered legal heirs.
There are always changing circumstances to be addressed in an estate plan. If a beneficiary has special needs, your generous gift could mean they lose access to government benefits. Instead, you’ll want to have a Special Needs Trust created. If you have an heir with a substance abuse problem, you may prefer to provide them with income over time, or under certain circumstances, with a trust and a trustee able to follow your directions.
Blended families present their own estate planning challenges. Litigation often arises when trust documents governing how assets are to be distributed are not clear. Other times, it’s because the parents assumed the children would all get along as they did when the parents and stepparent were alive. Years later, especially if the stepparent remarries, things change.
Consider also what happens if the biological children of the deceased parent are put in the position of waiting for the stepparent to die to receive an inheritance. This is sure to create friction. There are options, including a life insurance policy payable to one party, with other assets going to another.
The estate plan, including trusts, needs to clarify the overall intent: is the priority to provide for the surviving spouse even if all assets end up being used, or is it preservation of assets for the children?
Estate planning is, by its nature, an emotional process. Keeping the estate plan current can prevent confusion, controversy and unnecessary expenses for loved ones in the future.
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Reference: Paso Robles Daily News (June 22, 2026) “Is it time to reconsider your estate plan?”
