Unpacking Common Estate Planning Myths — and What’s Really True
Michael Resko | Feb 10 2026 14:00
Estate planning often feels more complicated than it needs to be, especially when long-standing myths create confusion about what tools like trusts can actually accomplish, what an estate plan covers, and how to approach disinheritance correctly. Understanding the truth behind these misconceptions can make the process far clearer and ensure your plans truly reflect your wishes.
Myth: Setting up a trust automatically protects your assets
Many people assume that once a trust is created, their assets are automatically safeguarded. In reality, a trust only works when it’s properly funded. This means you must formally transfer your assets—such as accounts, property, or other holdings—into the trust. Without that step, those items remain in your name and stay vulnerable to probate, taxes, and certain creditors.
Think of a trust as a container: it can only serve its purpose if something is actually placed inside it. When ownership isn’t moved into the trust, it essentially sits empty, offering none of the benefits people expect, such as smoother estate distribution or probate avoidance. Properly funding the trust is what activates its protections.
Myth: Estate planning only matters after you’re gone
Another widespread misconception is that an estate plan exists solely to handle what happens to your property once you pass away. While end-of-life planning is certainly a major component, an effective estate plan also addresses your needs during your lifetime. Specifically, it outlines how your medical care, financial affairs, and personal decision-making should be handled if you become unable to manage them yourself.
A strong plan includes tools such as medical powers of attorney, financial powers of attorney, health care directives, and HIPAA authorization forms. These documents identify the people you trust to make decisions on your behalf and give them clear guidance on how to act in your best interest.
This aspect of estate planning is just as important as determining who inherits what. By putting these safeguards in place, you reduce stress on family members, prevent confusion during emergencies, and ensure your preferences are honored—even if you’re unable to express them at the time.
Myth: Leaving someone $1 is the right way to disinherit them
Many people have heard the old saying that the best way to disinherit a person is to leave them a token amount, like one dollar. While this notion has lingered for decades, it’s not the best approach in modern estate planning. Naming someone in your will, even for a symbolic sum, can actually complicate matters rather than simplify them.
By listing an individual—even with a minimal gift—you may unintentionally give them legal standing to access information about the estate or challenge your decisions. This can open the door to disputes and delay the administration of your estate.
A clearer, more effective method is to directly state your intent to exclude that individual. Using precise legal language makes your wishes unmistakable and reduces the likelihood of a contest. This approach keeps your plan cleaner, more secure, and less vulnerable to unwanted scrutiny.
Bringing it all together
Estate planning involves more than signing documents or relying on outdated strategies. It requires thoughtful preparation, regular updates, and careful execution to ensure everything works the way you intend. Trusts must be funded correctly. Powers of attorney and health directives should be included. And decisions about disinheritance must be handled with clarity rather than symbolism.
The most successful estate plans are comprehensive, current, and tailored to your situation. By understanding the truth behind common myths, you can take meaningful steps to safeguard your assets, reduce complications for loved ones, and create a plan that truly reflects your wishes—both during your life and afterward.