Setting up your estate plan is one of the vital steps you can take to safeguard your loved ones, your assets, and your legacy. However, simply having your estate plan is not enough to keep it secure. Over time, you may completely forget about it, which could lead to serious issues in the future.
As our estate planning attorneys at Trust Law Legacy Group say, an estate plan should never be static. It’s a living document that must be reviewed and adjusted as your life, finances, and family circumstances change.
Why Estate Plan Update is Important
Life happens — and when it does, your living trust should keep up. Whether you’ve just reached a new milestone — buying a property, earning a promotion, welcoming a new family member, or simply realizing it’s been five years since your last review — updating your trust is essential. Make sure your trust still reflects your current wishes and remains compliant with recent changes in California’s estate and probate laws.
Letting your trust documents sit untouched poses serious risks — outdated provisions, beneficiaries who no longer apply, or even court intervention. These complications can delay or disrupt the smooth transfer of your assets to your loved ones. A brief review of your estate plan today can prevent major problems tomorrow.
When Should You Update Your Estate Plan?
If you have not reviewed your trust documents in the past five years, now is the best time to do it. Our team of estate planning attorneys highly recommends updating your documents after any of the following life changes:
- Marriage or Divorce: Make sure your plan reflects your current marital status so your assets will not be inherited by a former spouse or skip over your current one.
- New Member of the Family: Time to add those cute little ones! Be sure to include a provision for your new family member.
- Buying or Selling Property: If you’ve purchased a new home or sold one, make sure your trust is named as the buyer or the seller. Naming your trust as the owner or the seller of the property avoids probate in the future.
- Changes in Financial Situation: A significant change in wealth like a bonus or a financial loss may impact on your taxes and your loved ones’ inheritance.
- Health or Aging Concerns: As you get older or if you’re facing health challenges, it’s crucial to review your healthcare directives and powers of attorney. Make sure the right people are authorized to act on your behalf and that they know your wishes.
- Changes in Estate or Tax Laws: Laws change all the time. You should regularly review your estate plan to ensure your estate, trust, and tax planning remain compliant with federal and state regulations.
The Risks of an Outdated Estate Plan
An outdated estate plan can lead to confusion, family conflict, and potentially expensive probate proceedings.
These are the common problems we see when a plan is outdated:
- Outdated Beneficiaries: Individuals you named years ago may no longer be part of your life or may have passed away.
- Trustees or Executors: The people you once trusted may now be gone, ill, or aging, or no longer the best choice.
- Unfunded Trusts: If you created a trust but never transferred assets into it, your estate may still end up in probate court—defeating the purpose of having a trust.
- Outdated Legal Language: Changes in California’s estate and tax laws can render portions of your will or trust unenforceable, creating potential issues for your loved ones.
Even small errors can cause significant delays in asset distribution, lead to higher legal costs, trigger disputes, and ultimately create unnecessary hardship for your family.
How Often Should You Review Your Estate Plan?
Our estate planning attorneys recommend visiting your documents every three to five years. Regular reviews help identify outdated provisions, ensure compliance with new laws, and confirm that your plan still reflects your updated wishes.
By keeping your estate plan current, you’re not only maintaining compliance—you’re protecting your legacy and ensuring your estate passes smoothly and without conflict.
Protecting Your Legacy Starts with a Simple Review
Your estate plan should always work for you, not against you. Without regular updates, even the best-written plans can become ineffective.
At Trust Law Legacy Group, our experienced San Jose estate planning attorneys specialize in keeping your documents up to date, compliant, and aligned with your current life.
During your Estate Plan Review, we will:
✅ Ensure your documents align with your current goals and family structure
✅ Review and address any recent changes in California estate or probate laws
✅ Confirm that all your assets are properly titled in your trust to avoid probate court
Ready to Confirm your Plan is still Updated? Call Trust Law Legacy Group Today
If it’s been several years since your estate plan was last reviewed, you owe it to your family —and yourself—to ensure it still protects what matters most.
📞 Call Trust Law Legacy Group, APC at (408) 945-3950
🌐 Visit TrustLawLegacy.com to schedule your consultation today.
Let’s ensure your estate plan, trust, and legacy remain strong — today and for years to come.
