Estate planning is one of those things that many people either put off for years or assume they’ve got covered—until something unexpected happens. Unfortunately, misconceptions about estate planning are everywhere. Whether it’s misunderstandings about taxes, assumptions about what happens to assets after death, or the belief that a DIY will is just as good as one drafted by an attorney, estate planning myths can lead to costly mistakes.
A well-structured estate plan does more than distribute assets—it protects your family, minimizes taxes, and ensures your wishes are honored. But estate planning is not a “one-size-fits-all” process, and working with an experienced attorney makes all the difference. Let’s take a closer look at some of the most common estate planning myths and why having the right legal guidance matters.
Myth #1: Trusts Automatically Protect You from Estate Taxes
A common assumption is that having a trust means you won’t have to worry about estate taxes. While trusts serve many important functions, they don’t automatically protect you from tax liabilities.
Reality: Most People Won’t Owe “Death Taxes,” but Tax Laws Keep Changing
The federal estate tax currently only applies to estates over $13.99 million per person in 2025 (or $27.98 million for a married couple). But that exemption is set to drop to about $7.5 million per person in 2026, which could impact more families.
In California, there is no state-level estate tax, so for most families, estate taxes aren’t a concern. However, there are many other tax-related considerations that could affect your estate plan, including income taxes, capital gains taxes, California property taxes, and inheritance tax rules in other states. An experienced estate planning attorney can do a lot to help minimize these other tax liabilities while ensuring your plan remains compliant with evolving laws.
Myth #2: If I Don’t Have an Estate Plan, the State Takes Everything
Many people believe that if they die without a will or trust, the government will seize their assets. While it’s true that dying without an estate plan leaves your estate subject to state intestacy laws, the state doesn’t automatically take everything.
Reality: Your Assets Go to Your Heirs, But the Process Can Be a Nightmare
In California, if you die without an estate plan, your assets are distributed according to intestacy laws, meaning your spouse, children, or closest relatives inherit based on a legal formula. However, this process is slow, expensive, and can result in unintended consequences.
For example:
- If you have minor children, the court will decide who raises them.
- If you have stepchildren, close friends, or charitable wishes, they won’t inherit anything unless explicitly included in an estate plan.
- Probate fees in California can be tens of thousands of dollars, and the process can take months or even years.
A proper estate plan avoids probate, saving your family stress, money, and legal complications.
Myth #3: Once I Have an Estate Plan, I’m Done Forever
Some people believe estate planning is a one-and-done process—that once the documents are signed, they never need to be updated.
signed, they never need to be updated.
Reality: Estate Plans Must Evolve with Life Changes
Estate planning isn’t a “set it and forget it” type of situation. Your estate plan should reflect your current family dynamics, assets, and legal landscape, which will change over time. A plan that worked five or ten years ago may be outdated due to:
- Life events (marriage, divorce, birth of a child, death of a loved one)
- Changes in finances (buying a home, starting a business, inheriting wealth)
- Shifting tax laws (such as the upcoming estate tax exemption reduction)
- Family dynamics (maybe a chosen trustee is no longer the best option)
At Cookman Law, we are developing a Trust Maintenance Program so you can have regular check-ins to ensure your estate plan still aligns with your goals.
Myth #4: Estate Planning Is Just for the Wealthy
Many people think estate planning is only for the ultra-rich—those with millions of dollars in assets. In reality, estate planning is critical for everyone.
Reality: Estate Planning Protects Families, Not Just Money
Even if you don’t have significant wealth, you still need an estate plan. Why?
- If you have any assets (home, savings, retirement accounts, life insurance), an estate plan ensures they go to the right people without unnecessary legal battles.
- You get to decide who will manage the process of passing your assets to the next generation.
- A comprehensive estate plan includes a power of attorney and health care directive, ensuring someone you trust can make medical and financial decisions for you if you’re incapacitated.
- If you have minor children, you can specify in your estate plan who you want to act as the legal guardian.
- Without a plan, your family could be left struggling with legal fees, delays, and uncertainty.
Myth #5: My Family Knows What I Want, So I Don’t Need a Plan
Some people assume they don’t need an estate plan because their family already knows their wishes.
Reality: Verbal Agreements Hold No Legal Weight
California’s Statute of Frauds states that certain agreements must be made in writing to be legally valid—and that includes your estate plan. A handshake agreement or informal conversation won’t hold up in court.
Additionally:
- Family disputes happen. Even if your family seems to agree now, emotions can run high after a loss.
- The court doesn’t care about verbal instructions. If your wishes aren’t legally documented, the court follows state intestacy laws instead.
- A written estate plan prevents unnecessary conflicts and ensures your wishes are honored.
Myth #6: Estate Planning Is Too Expensive—A DIY Will Is Just as Good
With the rise of online will-making tools, many people believe they can skip the attorney fees and draft a DIY estate plan.
Reality: A Cheap Estate Plan Can Cost Your Family Thousands
Yes, DIY wills may seem cheaper upfront, but they often fail when they’re needed most – and when you’re not there to fix it!
- Estate planning is more than filling out forms—it involves customized legal strategies to fit your unique situation.
- A will alone does not avoid probate—which means your family could still face court delays and high legal fees.
- Many online forms don’t account for specific state laws, special needs, blended families, or tax-saving strategies.
- A small mistake can cost your family thousands in legal fees to correct later.
An experienced estate planning attorney ensures your documents are legally sound, properly executed, and tailored to your needs.
Myth #7: The Cheapest Attorney Is the Best Choice
When shopping for estate planning services, some people choose the lowest-cost option, assuming all attorneys provide the same service.
Reality: You Get What You Pay For
Not all estate planning attorneys offer the same level of service. Some only focus on document drafting, while others take a holistic approach—ensuring your assets are titled correctly, helping you avoid probate, and proactively planning for tax implications.
At Cookman Law, we:
- Take the time to understand your family dynamics and goals before drafting any documents.
- Help ensure your trust is properly funded—so your assets don’t end up in probate due to an overlooked technicality.
- Regularly update estate plans to reflect legal changes and life events.
- Provide guidance on complex situations, like blended families, special needs planning, and business succession.
A well-drafted, properly executed estate plan can save your family thousands in legal fees and heartache.
Protect Your Loved Ones with the Right Estate Plan
Estate planning isn’t just about passing on assets—it’s about protecting your family, avoiding unnecessary stress, and ensuring your wishes are honored. The right estate planning attorney doesn’t just draft documents—they help you navigate the legal, financial, and emotional complexities of planning for the future.
If you need a plan that truly works for your family, our team at Cookman Law is here to help. Schedule a consultation today to ensure your estate plan is comprehensive, up to date, and tailored to your unique needs.