What Are the Most Common Mistakes in DIY Wills and Trusts?

Creating a will or trust is one of the most important steps you can take to protect your family, your assets, and your wishes. But with the rise of DIY legal websites and downloadable templates, many people in Rochester, Brockport, and across Monroe County are attempting to handle estate planning on their own. While the intent is often to save time or money, the reality is that DIY wills and trusts frequently lead to costly mistakes, delays, or even court challenges.

At Klafehn, Heise & Johnson P.L.L.C., we’ve seen firsthand how errors in self-prepared estate documents can affect families during already stressful times. In this article, we’ll break down the most common mistakes people make with DIY wills and trusts—and why working with a qualified attorney is one of the best ways to protect your legacy.

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1. Failing to Follow New York State Law

Estate planning laws vary by state, and New York has very specific requirements when it comes to executing wills and trusts. Many DIY documents don’t meet these legal standards, which can render them invalid in probate court.

Common issues include:

• Not having the required number and/or type of witnesses

• Using the wrong format or language

• Omitting required legal terms

If your will isn’t valid under New York law, your estate may be treated as if no will exists at all.

Avoid this risk—contact our office today to ensure your estate plan meets all legal requirements in New York State.

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2. Not Planning for All Assets

Many DIY estate plans only account for major assets like a house or bank account. But your estate likely includes more—retirement accounts, life insurance, business interests, digital assets, and more. A basic form won't help you distribute all of your property effectively.

Assets that are not included or are improperly titled (or which name incorrect beneficiaries) may pass outside your will or trust, potentially creating conflict or confusion among your heirs.

At Klafehn, Heise & Johnson P.L.L.C., we help you look at the big picture so that nothing gets overlooked. Schedule a consultation today.

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3. Naming the Wrong Trustee or Executor

Choosing who will manage your estate is just as important as deciding who inherits your assets. Many people use DIY forms without carefully considering:

• The individual’s ability to handle legal and financial matters

• Potential conflicts between family members

• Backup options if your first choice is unavailable

An attorney can help you select the right trustee or executor, and also build in safeguards to prevent disputes or mismanagement.

Don’t leave these choices to chance—get trusted legal guidance now.

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4. Leaving Out Guardianship Provisions for Children

If you have minor children and you pass away without legally naming a guardian, the courts will decide who raises your kids—and it may not be who you would have chosen.

Many DIY wills don’t include proper guardianship language or fail to meet the standards for enforceability in court. By working with an attorney, you can be sure that your children’s care is legally protected and clearly outlined.

For Rochester-area parents, this isn’t something to put off. Let us help you create a will that protects your family.

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5. No Contingency Planning

Life changes—and your estate plan needs to reflect that. DIY documents often don’t account for:

• What happens if a beneficiary passes away before you

• How to handle divorce or remarriage

• How to update your plan as your family or finances evolve

A strong estate plan includes flexibility and updates as your life changes. Our attorneys at Klafehn, Heise & Johnson P.L.L.C. work closely with you to build an estate plan that adapts over time.

Need help reviewing your current documents? We offer estate plan checkups—get in touch today.

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6. Believing a Will or Trust Is “One and Done”

One of the biggest misconceptions with DIY estate planning is that once you sign a document, you're done. But estate planning is not a one-time task. You should review and potentially update your plan:

• After major life events (marriage, divorce, birth, death)

• When your financial situation changes

• As laws change

At Klafehn, Heise & Johnson P.L.L.C., we help clients keep their plans up to date and legally sound. A quick update now can prevent major issues later.

Make sure your estate plan still works for you—schedule a review with our team.

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7. Assuming Probate Will Be Avoided Automatically

Many people assume that using a DIY trust will help them avoid probate. But without proper funding of the trust—which means retitling your assets into the trust—your estate may still go through probate, defeating one of the primary purposes of having a trust in the first place.

An estate attorney ensures that your trust is:

• Properly set up

• Legally valid

• Funded correctly

If you already have a trust, we can help you confirm it's properly structured. Book a consultation now.

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Protect Your Family with a Legally Sound Estate Plan

DIY wills and trusts may seem like a quick fix, but the risks often outweigh the savings. Mistakes can cost your loved ones time, money, and emotional strain. With legal guidance from a local firm that understands the laws in New York, you can be confident your wishes will be honored.

At Klafehn, Heise & Johnson P.L.L.C., we offer custom estate planning solutions that meet your unique needs—and we’re here to help you every step of the way.

Don’t wait—get in touch today to create or review your estate plan.

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Legal Disclaimer: This article provides general information about estate planning in New York State and should not be considered legal advice. Each individual’s situation is unique. For personalized legal guidance, contact the attorneys at Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. You can reach us here. Portions of this article are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.