Common Mistakes People Make With DIY Estate Planning

 Posted on January 07, 2026 in Estate Planning

In today’s world, you can Google a "how-to" on nearly anything. Want to build a playhouse for your children? There are YouTube videos to show you how. Trying to become a better writer? A quick search can offer you thousands of workbooks, prompts, and exercises. Need a will or a power of attorney document? Countless resources are available to help you skip the "hassle" of hiring an estate planning lawyer. Unfortunately, a do-it-yourself estate plan is rarely a good idea, as even a small mistake can have significant consequences.

Retaining an estate planning attorney may seem unnecessary, especially as you draft your documents. At the very least, however, you should have a lawyer review your will and any other documents before you sign them to ensure that you and your beneficiaries don’t suffer in the long term.

Avoid These Mistakes in Your 2026 Estate Plan

Having a DIY estate plan is better than having no estate plan at all. In fact, a recent study by Caring.com found that only 24 percent of Americans have a will written. However, DIY estate planning forms often leave room for oversights or mistakes that can affect you and your beneficiaries. An attorney can review your plan and help make sure that it reflects your priorities.

Selecting the Wrong People

Dividing your assets is only part of the estate planning equation. Your plan can also address what will happen regarding your finances and health care if you become disabled or incapacitated. Choosing powers of attorney for health care or property is an important decision. Above all else, you should pick someone who is trustworthy, willing, and capable of making decisions on your behalf.

For example, many people choose their oldest child out of a sense of tradition or duty, but that child may not be very good at making important decisions. Or, he or she may live far away, making it nearly impossible for him or her to talk to your doctors and other medical professionals. A different child or a trusted friend may be better suited for the task, and an attorney can help you make the right selection.

Leaving Everything to Your Estate

Do you have an individual retirement account? If so, have you named a beneficiary who will receive the remainder of your investments upon your death? Too often, people fail to name beneficiaries for their retirement plans, which means the proceeds are incorporated into the estate, becoming subject to claims made by creditors during probate. With a few simple steps, you could direct that money to your children, or even their children, so that it does not get tied up in court proceedings. An estate planning lawyer can ensure you take those steps before it is too late.

Forgetting Assets

You may have written a will that you think addresses everything you own or owe. But how certain are you? An estate planning attorney has vast experience in creating comprehensive plans that encompass every aspect of a person’s estate. This includes commonly overlooked things like digital assets or intellectual property, long-forgotten bonds or stocks, or heirlooms tucked away in a box in the attic. While these assets would eventually be considered part of your estate and divided as such, you may wish to leave them to certain heirs. This cannot happen if you do not address them in your estate plan.

Ignoring Signing Requirements

One of the biggest mistakes in a do-it-yourself estate plan is skipping the rules about signing. Different estate planning documents have different signing requirements. A will usually must be signed in front of at least two adult witnesses (755 ILCS 5/4-3). If you leave out witnesses, or ask a beneficiary to serve as a witness, the will may be challenged later.

Other documents, like powers of attorney and some health care documents, also need special signing procedures. If you download a form online and just sign it at your kitchen table, the document might not be valid in Illinois. That means your family may have to go through extra steps in court, which can cause stress and delays.

Leaving Vague Instructions

Another common mistake is using vague or unclear language. It can feel easier to write, "My kids will share everything," or "I want things divided fairly." However, "fair" is not something that can be measured objectively in a legal sense. If your instructions are not clear, your loved ones may argue about what you meant.

Vague instructions can turn small issues into big fights. For example, if you say, "My jewelry goes to my daughters," your daughters may disagree about which pieces each person receives. A better approach is to list items or give a simple method for dividing them. Clear, specific wording helps your family avoid conflict and grief on top of their loss.

Using the Wrong Document

Many people also use the wrong type of document for their goals. A will is useful, but it only takes effect after you die and usually must go through probate. If you want to avoid probate, protect a family member with special needs, or plan for complex assets, a trust might be more appropriate. Relying only on a basic will when you really need a trust can put your wishes at risk of being ignored.

Losing Physical Documents

If you have a sound estate plan, you should also make sure it can be easily located if you ever become incapacitated. Many people sign their documents and then leave them in a drawer or a box in the basement. Years later, their family may struggle to find their will or another important item. In some cases, the court may treat the will as lost and follow default state laws instead of your wishes.

It is important to store your original documents in a safe but accessible place. This may be a fireproof box at home, a safe, or another secure location. Just as important, tell your trusted people where the documents are. For instance, your executor, your main beneficiaries, your doctor, and your lawyer should know how to find your will, trust, and powers of attorney. A brief conversation with your loved ones while you create your estate plan can save them the stress later or trying to find these important documents.

Contact a DuPage County, IL Will and Trust Attorney

Depending on the size and complexity of your estate, you may not be sure how to address everything if a DIY plan. It is still important to have your plan reviewed for any potential problems by a qualified attorney before the documents are signed and executed. To learn more about the estate planning process, contact an experienced Lombard, IL estate planning lawyer today. Call 630-426-0196 to schedule a confidential consultation.