Top 5 Mistakes People Make when Creating a Will or Trust - And How to Avoid Them

By Corman Law Offices | Serving Santa Cruz, San Jose & the Greater Bay Area

At the Corman Law Offices, we understand that estate planning can feel overwhelming, but it doesn’t have to be. As a boutique estate planning firm serving individuals and families across Santa Cruz, San Jose, and the Bay Area, we specialize in creating customized plans that offer clarity, peace of mind, and future protection. Whether you need a will, living trust, power of attorney, or business succession strategy, our goal is always the same: to help you make life’s most important legal decisions with compassion, clarity, and care.



In this post, we’ll walk you through the top five mistakes people make when creating a will or trust—and more importantly, how to avoid them. These practical tips are drawn from real-life experiences with our diverse clients throughout the Santa Cruz and Bay Area communities.

1. Forgetting to Update Your Will or Trust

One of the most common estate planning errors is creating a will or trust and then never looking at it again. Life evolves—so should your estate plan.

Whether you’ve recently become married, divorced, had children, lost a loved one, moved to a new state, or acquired new assets, your will or trust should reflect your current situation. Outdated documents can lead to unintended distributions, disinheritance of loved ones, or assets passing through probate unnecessarily.



Avoid it:
Set a reminder to review your estate plan every 3–5 years, or after any major life change. At the Corman Law Offices, we offer estate planning check-ins for our clients to ensure their documents stay up to date.

Your executor (named in your will) and your trustee (named in your trust) have enormous responsibilities—from managing assets to distributing them and resolving legal or tax issues. Unfortunately, many people choose family members or friends without considering whether they’re truly the best fit.

Issues can arise when the person selected lives far away, has little financial knowledge, or may be influenced by family dynamics.



Avoid it:
Choose someone responsible, impartial, and capable of handling complex matters. In some cases, a professional fiduciary or estate planning attorney may be a better option. However, even if you name a nonprofessional (e.g. family member), they just need to know how to work with the professionals (attorney, CPA, financial advisor, etc.) to get the job done.  Our firm regularly advises clients in the Bay Area on how to select trusted representatives who will faithfully execute their wishes.

Online templates and do-it-yourself wills may seem like a cost-effective solution, but they often leave crucial details out. California has strict legal requirements around how wills and trusts must be signed, witnessed, and notarized. A seemingly minor mistake—like the wrong wording or missing notary signature—can render your documents invalid.



We've reviewed countless DIY estate plans at our Santa Cruz estate planning office. It’s not uncommon to find documents that won’t hold up in court or fall short of the client’s goals.

Avoid it:
Work with an experienced Bay Area estate planning attorney who understands California probate law and can tailor your plan to your unique needs. The cost of getting it right now is far less than the cost of fixing it later.

4. Overlooking Digital Assets

In today’s world, your digital life is just as important as your physical one. From online banking and investment platforms to email accounts, social media, and cloud storage—your digital footprint matters.

Unfortunately, many estate plans make no mention of digital assets, which can result in lost access, unclaimed funds, and confusion for loved ones trying to manage your affairs.



Avoid it:
Create a secure inventory of your digital accounts and passwords. Designate someone to manage them, and ensure your estate planning documents give them legal authority to do so. Corman Law Offices can help Bay Area clients include digital asset planning as part of a comprehensive strategy.

5. Failing to Communicate or Over Communicating Your Plan

Even the most thoughtfully drafted estate plan can create problems if no one knows it exists—or where to find it. We’ve seen families in Santa Cruz and San Jose struggle unnecessarily simply because the deceased never shared their wishes or left clear instructions.

However, oversharing your plans can also lead to inheritance expectations by beneficiaries whom you later disinherit.

Not discussing your estate plan or providing too much information with your loved ones can lead to misunderstandings, family conflict, or even contested wills.



Avoid it:
Tell your executor or trustee where to find your documents. Share your overall intentions with key family members, but do not necessarily share detailed distribution plans, as these are subject to change over time.  Also, consider writing a letter of instruction to provide guidance beyond the legal language following your passing. At our firm, we help clients have these important conversations with compassion and clarity.

We’re more than just legal advisors—we’re trusted partners in one of life’s most personal journeys. Our client-centered approach ensures that every plan reflects your values, your goals, and your unique family situation. With deep roots in the local community and a bilingual team that proudly serves Santa Cruz, San Jose, and the broader Bay Area, we bring professionalism, warmth, and personalized attention to every case.



Whether you’re starting from scratch or revisiting an outdated plan, the Corman Law Offices is here to guide you every step of the way.

Don’t wait until it’s too late. Taking the time to craft a thoughtful estate plan today can prevent stress and confusion for your loved ones tomorrow.

📞 Contact us today to schedule your consultation and discover how we can help you protect what matters most, with confidence and care. (contact link)