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, weighed in on some of the most common—and costly—estate planning missteps that families make.
Walny emphasized a critical but often overlooked reality: not all gifts help. “Sometimes those same bequests can cause a lot of problems for the person receiving the gift,” he explained. For instance, an outright inheritance could unintentionally disqualify a college-aged beneficiary from financial aid, or create risks if the recipient is navigating debt, divorce, or addiction. In some cases, it may even disqualify elderly recipients from essential programs like Medicaid.
The article identified seven recurring mistakes that estate attorneys, including Walny, frequently encounter:
- Naming co-executors. Trying to “be fair” by naming multiple children often backfires, leading to conflict, gridlock, or excessive legal fees.
- Assuming a will avoids probate. A will alone does not bypass the court process if assets are not properly titled or designated.
- Being vague about sentimental items. Family disputes often erupt over emotionally meaningful possessions—not money.
- Failing to update the will. Life changes such as births, deaths, marriages, or divorces require timely updates to reflect new realities.
- Leaving gifts without considering impact. Inheritances can unintentionally create financial burdens or eligibility issues for recipients.
- Not telling anyone where the will is. Even the best-prepared document is useless if no one knows where to find it.
- Using a non-specialist attorney. Estate planning requires expertise; a generalist can overlook critical details and legal nuances.
“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,” Walny stated. “Don’t skimp in the short term in exchange for problems in the long term.”
Walny’s guidance reflects Walny Legal Group’s longstanding commitment to thoughtful, client-focused estate planning that minimizes risk while honoring family intent. As the article notes, the true cost of estate mistakes often becomes clear only when it’s too late—underscoring the importance of proactive legal counsel.
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HuffPost – The Biggest Mistakes People Make In Their Wills, According To Estate Lawyers
By Monica Torres | September 27, 2025