Estate Planning and Estate Administration Insights
As an attorney at JGB, I’ve had the privilege of working closely with families across Virginia, helping them prepare for the future and navigate the legal and emotional complexities involved when they need help managing their affairs or when a loved-one passes away. Here are some insights I’ve gained over the past few years:
Avoidable Mistakes Are Surprisingly Common
Even with the best intentions, estate planning and administration can go off track due to a handful of recurring issues. Here are some of the most common pitfalls we see:
Misaligned Beneficiary Designations and Ownership Titles
It’s critically important to align beneficiary designations, joint ownership arrangements, and insurance policies with your estate plan. These assets typically pass outside of your will or trust and may conflict with your intentions as outlined in your estate planning documents. For example, listing a 19-year-old as a beneficiary of an IRA means that they will receive the money without supervision, even if your will or trust instructed that their inheritance be managed for them until they reach the age of 25. And if the beneficiary you list is a minor or legally incapacitated, a custodian or guardian must be appointed to manage the account, which will likely require going through the court process. Similarly, joint ownership can unintentionally disinherit heirs or bypass your trust. Ensuring consistency across your will or trust, asset titles, and beneficiary forms helps your estate plan function efficiently and in alignment with your goals.
Rushing the Planning Process
Rushing through estate planning often leads to unclear instructions and overlooked details. A slower, more deliberate approach results in smoother execution, fewer complications, and greater peace of mind.
Along the same lines, delaying updates to your estate plan until a crisis occurs is a common and risky mistake. Acting under pressure can limit your options and lead to rushed decisions that may not reflect your true intentions. Sadly, you may also just run out of time before you can make those updates.
Failing to Keep Documents Current
Life changes such as marriage, divorce, the birth of a child, or starting a business should prompt a review of your estate plan. Even gradual changes, like children becoming capable adults, can affect fiduciary roles and should be considered. Outdated wills, old powers of attorney, and beneficiary designations that aren’t updated after the beneficiary listed has died are very common. When I meet with clients who created their estate plans five or more years ago, they are often surprised to realize that their estate plan no longer reflects their current wishes.
Lack of Communication
Even the most carefully drafted estate plan can fall short if family members don’t understand the reasoning behind it. One case involved unequal inheritances left to children based on specific needs, but without any explanation. The result was resentment and legal disputes that could have been avoided with a simple conversation or a letter of intent.
Relying on Non-Specialists for Advice
Estate planning is a specialized field. Advice from friends or attorneys who don’t focus on trusts and estates can lead to incomplete or invalid documents. Plans based on generic templates or informal guidance often fail to meet legal standards and frequently contain conflicting provisions or miss important planning details.
Unfunded Trusts
An unfunded revocable living trust is a common and easily overlooked mistake. Even if the trust document is properly drafted and signed, it has no legal power unless assets are transferred into it - known as "funding" the trust. This means retitling accounts, real estate, and other property so the trust becomes the legal owner. If left unfunded, those assets may still go through probate, defeating one of the trust’s primary purposes. Many clients assume signing the trust is enough, but without proper funding, it cannot manage or distribute assets as intended, which leads to delays, added costs, and unintended outcomes.
Estate Planning Is a Conversation
Estate planning doesn’t have to be intimidating. At its heart, it’s a conversation - one that evolves as your life does. It’s not just about legal documents and financial strategies; it’s about understanding your values, goals, concerns, and relationships.
This conversation involves you, your loved ones, and trusted advisors working together to ensure your wishes are clearly expressed, responsibilities are understood, and future transitions are handled with care. It’s never too early to start.
Estate planning ensures your assets and decisions reflect what matters most to you. It’s about protecting yourself and your loved ones and making sure your personal beliefs guide the way your affairs and your estate are handled.
As your life changes, your plan should reflect those changes. Some are obvious, such as marriage, divorce, the birth of a child, or starting a business. Others happen gradually, like children growing into capable adults who may now be suited for fiduciary roles. That’s why we recommend reviewing your documents every few years or after any major life event. Keep the conversation going.
It’s Important Not to Rush into Estate or Trust Administration
In the days following the loss of a loved one, it’s natural to feel a sense of urgency to begin settling their affairs. However, starting estate or trust administration too quickly can lead to avoidable mistakes and added stress. In most cases, it is advisable to wait a couple of weeks before taking formal steps.
One particularly problematic step is visiting the probate clerk before speaking with an attorney. This may result in being formally qualified as an executor, a legal status that carries significant responsibilities, reporting requirements, and potential personal liability. Often, that step isn’t necessary - or at least not yet. Taking the time to pause, gather documents, and consult with a knowledgeable attorney first can help you avoid unnecessary work and ensure the estate is handled properly from the start.
Grief can cloud judgment and make it difficult to process information (especially legal and financial information), so meeting with an attorney too soon is often counterproductive. Important details are often missed, and the process may feel completely overwhelming simply because emotions are still raw. Giving yourself time to grieve, gather your thoughts, and collect necessary documents can make that first meeting much more productive.
There’s No Such Thing as a Perfect Family, and That’s Okay
In our work with clients, we’re reminded every day that family life is rarely simple. Every family brings a unique blend of relationships, histories, and emotions to the table, and often multiple stressors at once. Families may be navigating addiction, mental health challenges, estrangement, financial strain, and unresolved conflicts, all while managing blended relationships, caring for aging parents, or supporting adult children through difficult transitions. It’s important to recognize that these struggles are not a sign of failure, they’re part of the human experience.
These complexities can make decision-making and communication especially difficult during emotionally charged times like illness or loss; and estate planning and administration can often bring these long-standing dynamics to the surface. But you don’t need a picture-perfect family to create a thoughtful estate plan. What matters is having a plan that reflects your values and protects the people you care about - whatever your family looks like. You also don’t need to have everything “figured out” before you begin. Our role is to meet you where you are, with empathy, clarity, and practical guidance. Estate planning and administration processes and issues are deeply personal. We’re here to help you navigate them with care, no matter how complicated things may feel.
Final Thoughts
Seeing estate plans in action has shown me just how powerful estate planning can be when done with care, clarity, and collaboration. I’ve also seen how easily good intentions can be derailed by small oversights: unfunded trusts, outdated beneficiary designations, joint accounts that unintentionally override a will, or missing provisions for vulnerable loved ones. And too often, people wait until a crisis to make changes they’ve been meaning to make, only to find their options limited. Thoughtful, steady planning leads to better outcomes. If you haven’t created a plan yet or if it’s been a few years since you reviewed yours, now is the time.
JGB is here to guide you through the process with clarity, compassion, and competence. Schedule a consultation with your JGB attorney to take the next step in protecting what matters most.
About the Author
Laura Feltman graduated from George Washington University with a B.A. in economics and was commissioned as second lieutenant through the U.S Air Force Reserve Officer Training Corps program at Howard University. Early in her military career, she participated in Operation Desert Shield, Operation Desert Storm, and Operation Provide Comfort as an aircrew member on command-and-control aircraft. She then attended William & Mary Law School through the Air Force's Funded Legal Education Program and served as a judge advocate for 12 years before retiring as a lieutenant colonel.
As a military attorney, Laura Feltman earned a reputation as a trusted legal advisor to commanders and young airmen alike. In several assignments, she served as the sole legal advisor on site. Laura has a natural compassion and care for each person's individual concerns. Laura has been a member of the Rotary Club of James City County since 2010 and served as its club president from 2014-2015.