In a recent HuffPost article titled “The Biggest Mistakes People Make In Their Wills, According To Estate Lawyers”, Eido Walny, founder of Walny Legal Group LLC, provided expert insight into the most damaging estate planning errors that can devastate families both financially and emotionally.
The article highlighted a sobering reality: two out of three American adults lack a will despite heightened awareness following the pandemic. Walny addressed this head-on, calling the absence of estate planning documents “a common tragic mistake.”
“The fact of the matter is that almost everyone over the age of 18 needs some estate planning documents,” Walny explained. “It may not be anything fancy, but having documents can spare your family a lot of financial and emotional suffering at a time that may already be trying.”
Beyond the failure to create any documents at all, Walny identified another critical error: allowing estate plans to become outdated. “The biggest mistake people make with doing their will or estate plan is simply not doing anything and having no documents at all,” he said. “For those people who have documents, the next biggest mistake people make is to let the documents get stale.”
Walny offered particularly thoughtful guidance on a nuanced but often overlooked issue: the unintended consequences of leaving inheritances. He emphasized that while gifts can empower recipients, they can also create significant problems depending on the beneficiary’s life circumstances.
“The next big mistake we see people make is to not carefully consider the consequences of the bequests that they make. Yes, leaving people money is an empowering thing. But sometimes those same bequests can cause a lot of problems for the person receiving the gift,” Walny noted.
He outlined specific scenarios where well-intentioned gifts can backfire. For young adults, Walny pointed out that an 18-year-old may be legally an adult but likely unprepared to manage an inheritance responsibly. Additionally, receiving outright gifts could disqualify college-aged individuals from critical financial aid.
For middle-aged beneficiaries, Walny advised considering risks such as divorce, creditor claims, substance abuse, or gambling addiction. “In each of those cases, the inheritance you may have intended to benefit a friend or family member could wind up in the hands of someone else and not help your loved one at all—and maybe even hurt them,” he explained.
For older beneficiaries, Walny recommended evaluating mental capacity and whether an inheritance might disqualify them from essential Medicaid assistance.
The article also featured Walny’s strong stance on the importance of working with specialized estate planning attorneys rather than generalists. He cautioned against the temptation to work with family connections or attorneys from other practice areas who offer to draft documents at discounted rates.
“Estate planning is complicated and there are a lot of traps for the unwary, even unwary attorneys,” Walny stated. “Find someone who is a specialist, who knows how to navigate issues, and who you feel comfortable with.” He recommended the National Association of Estate Planners and Councils as a valuable resource for vetted referrals.
Walny’s closing message underscored the philosophy behind his practice: “It’s important to get these documents right because when the chips are down and the documents are executed, the difference between a good set of documents and not can mean a lot of extra time, money and heartache. Don’t skimp in the short term in exchange for problems in the long term.”
The HuffPost feature reflects Walny’s broader role as a thought leader in estate planning, offering practical, accessible guidance that helps families avoid costly mistakes and protect their loved ones during vulnerable times.
Full article available at:
HuffPost – The Biggest Mistakes People Make In Their Wills, According To Estate Lawyers
By Monica Torres | January 17, 2026