Have You or Your Loved Ones Used These Excuses to Avoid Estate Planning?
We all have those important to-dos that somehow keep getting pushed to the bottom of the list — even though we know how important they are. Maybe it's scheduling that overdue doctor's appointment, calling someone to finally fix that noisy furnace, or starting the workout routine you keep promising yourself.
For a lot of people, estate planning falls into that same category.
You might think, “I'm not rich. I don't have an estate. I already told my family what I want. I filled out beneficiary forms. Isn't that enough?”
Here's the reality: without a comprehensive, legally documented estate plan, you're giving up your say in how your legacy is protected and passed on. And even more importantly, you may be leaving your loved ones with unnecessary conflict, stress, and uncertainty during an already painful time.
Estate Plans Trending the Wrong Way
Fads come and go — juice cleanses, extreme workouts, productivity hacks — but estate planning isn't one of them.
While you're not required by law to have an estate plan, having one can make a huge difference for you and your loved ones, both during your lifetime and after.
The numbers are honestly alarming:
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A 2025 Caring.com survey found that only 24% of Americans have a will.
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Trust & Will puts the number at 31%, with only 11% having a trust.
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A study from D.A. Davidson showed that only 1 in 3 adults has any estate planning documents, including a healthcare power of attorney.
Even worse? That number is declining. Fewer Americans are preparing today than in past years. So why do so many people skip this crucial step?
Let's break it down.
Reason 1: “I Don't Own Enough to Have an Estate Plan”
This is the most common excuse. People think “estate planning” is only for the ultra-wealthy. But your estate isn't just mansions, yachts, or investments.
Your estate is everything you own that has value — whether that's your house, retirement account, car, or something sentimental like a family heirloom, recipe collection, or even your values and stories.
Estate planning isn't just about money. It's about how you want your story told and passed down.
It also matters while you're still here. If you ever become incapacitated due to illness or injury, an estate plan ensures decisions about your health, finances, and personal care are made by people you trust — not strangers or the court.
But here's the scary part: only about one-third of Americans have a healthcare power of attorney, and many don't even know what that is. That gap leaves families scrambling in moments of crisis that could have been planned for in advance.
Reason 2: “I Already Have Beneficiary and POD/TOD Designations — That's Enough”
Filling out beneficiary, POD (Payable-on-Death), or TOD (Transfer-on-Death) designations is a good step — but it's not a complete plan.
These forms usually only apply to certain accounts like investments or insurance. They don't cover real estate in many cases, and they definitely don't cover personal property like family heirlooms or household items.
Without a will or trust, those assets may go through probate, where state law decides who gets what. And it might not align with what you would have wanted.
Another issue: those designations don't allow any control over how or when the inheritance is received. You can't stagger distributions or protect the money once it's in someone's hands. If those forms are outdated or incomplete — say, not updated after a divorce or birth of a child — the wrong person could end up inheriting.
Beneficiary and POD/TOD designations can absolutely be part of a solid estate plan — but they shouldn't be your only plan.
Reason 3: “I Already Told My Family What I Want”
Having the talk with your family is important. But verbal conversations aren't legally binding.
People forget. Stories get mixed up. Tensions rise. Probate battles happen.
A legally valid estate plan makes your wishes clear, enforceable, and protected. Verbal agreements? They're basically pinky swears in the eyes of the law.
Without legal documentation, the court may step in — and what happens next might look nothing like what you or your family expected.
What Motivates You?
At the end of the day, every reason not to plan is just an excuse. Ignoring it won't make the need go away.
Whether you need a simple plan or something more detailed, now is the time to take control of your future. At Sheil Law Firm, we help families create clear, legally sound estate plans that protect their loved ones and honor their legacy.
Your story matters — and so does the way it's passed on.
Ready to take the next step?
