Estate planning is more than just drafting a will. It’s about ensuring that your loved ones are taken care of, your assets are protected, and your wishes are respected. For Georgia residents, state-specific laws and regulations can impact estate planning, making it even more vital to avoid common pitfalls.


Not Having an Estate Plan at All

One of the most significant mistakes is not having an estate plan in place. Many individuals believe they don’t have enough assets to warrant a plan or think they’re too young to start planning. However, everyone, regardless of age or wealth, should have a basic estate plan to ensure their wishes are followed.


Overlooking Georgia’s Probate Process

Georgia’s probate process can be lengthy and costly. By not adequately planning, your estate might have to go through probate, delaying asset distribution to your beneficiaries. Utilizing tools like living trusts can help avoid the probate process.


Failing to Update Your Will

Life is ever-changing. Marriages, divorces, births, and deaths can all impact your estate plan. Failing to update your will to reflect these changes can lead to disputes and unintended beneficiaries.


Not Considering Tax Implications

While Georgia does not have a state-specific estate tax, residents are still subject to federal estate taxes. Not planning for these taxes can significantly reduce the assets your beneficiaries receive. It’s essential to work with a financial advisor to understand and mitigate potential tax liabilities.


Neglecting to Appoint a Power of Attorney

A power of attorney allows someone to make decisions on your behalf if you become incapacitated. Without one, your loved ones might have to go through a lengthy court process to make decisions for you. It’s crucial to appoint a trusted individual as your power of attorney.


Not Setting Up Health Care Directives

Similar to a power of attorney, a health care directive ensures your medical wishes are followed if you cannot communicate them. Without clear directives, your family might face tough decisions without knowing your preferences.


Not Properly Funding Your Trust

Setting up a trust is a great way to manage and protect assets. However, a common mistake is not properly funding the trust. An unfunded trust is essentially useless, so it’s vital to transfer assets into the trust after its creation.


Overlooking Digital Assets

In today’s digital age, many of our assets are online. From social media accounts to digital currencies, it’s essential to include these in your estate plan. Failing to do so can lead to lost assets and potential legal disputes.


Not Seeking Professional Help

Estate planning is complex, and Georgia’s laws add another layer of intricacy. Trying to navigate estate planning without professional help can lead to mistakes. Working with an experienced estate planning attorney at Brian M. Douglas & Associates ensures your plan is comprehensive and compliant with Georgia’s laws.



Estate planning is about securing your legacy and ensuring your loved ones are taken care of. By avoiding these common mistakes, Georgia residents can have peace of mind knowing their estate is in good hands. Remember, it’s never too early to start planning, and seeking professional guidance can make the process smoother and more effective.