Estate Planning Pitfalls and How To Avoid Them (Part 2)

In this episode, we pick up where we left off—diving into the second half of the top ten estate planning mistakes people make and how to avoid them. Trusts are where we pick up the conversation, and we emphasize that they are tools, not one-size-fits-all solutions. Using the wrong trust, or one that isn’t necessary, can actually create more problems than it solves. We stress the importance of intentionality—choosing the right tool for the right issue, and understanding the specific goals and laws relevant to each person’s situation, especially given varying state estate tax thresholds like Oregon’s low $1 million.

From there, we explore how conflicting or vague instructions can derail even well-meaning plans. When wills, trusts, and beneficiary designations don’t align, chaos can follow. “Fairly” and “equally” may seem interchangeable, but they’re not, and those subtle differences can lead to confusion, resentment, or even legal battles. We also caution against naming just one child with the “plan” that they’ll distribute assets informally—that’s a recipe for tax issues and strained family dynamics.

Ignoring taxes is another frequent oversight. Many people don’t realize how estate planning decisions can trigger income, capital gains, or estate taxes. Planning won’t erase taxes, but it can eliminate nasty surprises. We revisit digital assets too—crypto, photo storage, password managers—emphasizing that if no one can access them, they may as well not exist. These assets require thoughtful handling, not just from a distribution standpoint, but also accessibility.

Finally, we tackle the often-overlooked issue of naming the wrong fiduciary. This isn’t an honorary role—it’s a job. Too often people pick fiduciaries based on birth order, guilt, or assumptions rather than capability and willingness. We share stories illustrating how the wrong choice can create unnecessary complications, and how the right person isn’t always the obvious one. Jag shares how he's not at all upset that his brother is in charge of their parents' estate.

To wrap, we recap all ten estate planning pitfalls discussed across both episodes and remind listeners to align legal documents, assets, and intent—while working with professionals who know how to navigate the complexity.

To get in touch with Amy and her team at Thimbleberry Financial, call 503-610-6510 or visit thimbleberryfinancial.com.