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Common Estate Planning Myths — And What They Really Mean
John Vermillion

Estate planning is one of those topics that often comes wrapped in confusion and long‑standing misconceptions. Many people misunderstand how trusts work, assume planning only matters after they’re gone, or believe outdated strategies will protect their wishes. Clearing up these myths is essential for making confident, informed decisions about your future and your family’s well‑being.

Myth: Setting up a trust automatically shields your assets

A frequent misconception is that the mere act of establishing a trust guarantees protection. In reality, a trust only works when it’s properly funded. That means you must legally transfer ownership of your assets into the trust for it to function as intended.

If assets are never retitled in the trust’s name, they remain vulnerable — still subject to probate, potential tax consequences, and creditor claims. A trust should be viewed as a legal container that must be filled with property, accounts, or other holdings to be effective. Without taking that crucial step, the trust remains empty and unable to deliver the benefits people often expect, such as privacy, control, or probate avoidance.

Myth: Estate planning only matters after you’re gone

It’s easy to think estate planning is solely focused on who gets what after you pass away. But a strong plan is just as important while you’re alive. Comprehensive planning helps you prepare for situations where you may not be able to make decisions for yourself.

Key documents — including medical directives, HIPAA authorizations, and powers of attorney for both health care and finances — empower trusted individuals to act on your behalf if you become incapacitated. These tools ensure that your preferences are respected and reduce stress for your loved ones during difficult moments.

In many ways, estate planning isn’t just about preparing for the end of life. It’s about making thoughtful choices that protect your independence, preserve your voice, and support the people you care about throughout your lifetime.

Myth: Disinheriting someone means leaving them a symbolic $1

Some people still believe that the best way to exclude someone from an estate is to leave them a token amount, such as a single dollar. This approach is outdated and often creates more problems than it solves.

By naming someone in your will — even with a minimal bequest — you may give them standing to access sensitive estate information or challenge your wishes in court. Instead, modern estate plans use clear and direct language to state that a specific individual is intentionally omitted. This method is cleaner, more private, and less likely to be overturned.

Properly executed legal language is far more effective than symbolic gestures, especially when your goal is to keep your plan streamlined and protected from disputes.

Putting it all together

Estate planning is an ongoing, intentional process — not a one‑time task. Drafting documents without follow‑through, relying on outdated practices, or skipping important steps can leave your wishes unprotected. A well‑designed plan should be accurate, up‑to‑date, and actively managed to reflect your life and goals.

Working with knowledgeable professionals and revisiting your plan regularly are the best ways to safeguard your assets and ensure your loved ones are supported. By understanding the truth behind common myths, you can make decisions that truly honor your intentions and create lasting peace of mind.