Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Home » When Should You Update Your Estate Plan in California?
Many people believe that once an estate plan is created, the work is done. In reality, an estate plan is not a one time document. It is a living set of instructions that should evolve as your life changes.
As a California estate planning attorney, one of the most common problems I see is not a lack of planning, but outdated planning. Documents that were perfectly reasonable ten or even 5 years ago may no longer reflect your family structure, financial situation, or legal goals.
Knowing when to update your estate plan is just as important as creating one in the first place.
Below are 6 major life events that usually mean it is time to review and update your estate plan in California.
Before discussing updates, it is important to clarify one thing.
If you do not currently have an estate plan, meaning no will, no trust, no power of attorney, and no advance health care directive, then the correct step is not an update. The correct step is to create a plan from scratch. Estate planning in Orange County
Once a basic estate plan exists, then reviewing and updating it becomes the focus.
Marriage is one of the most important times to review an estate plan, especially in California.
California is a community property state. This means that once you are married, most income and assets acquired during the marriage belong to both spouses equally, regardless of whose name is on the account.
If you created an estate plan while single, your documents may no longer reflect this reality.
Without an update, conflicts can arise between your stated wishes and your spouse’s legal rights. This is especially important in second marriages or blended family situations. Estate planning for blended families
An updated estate plan can ensure your spouse is protected while also preserving inheritances for children from prior relationships.
Divorce is one of the most urgent reasons to update an estate plan.
If your estate plan still names your former spouse as a trustee, agent, or beneficiary, they may still have legal authority or receive assets, even if that is no longer your intention.
This includes more than just your will or trust.
Documents that should be reviewed include:
Failing to update beneficiary designations is one of the most common and costly estate planning mistakes. What does a complete estate plan include
The birth or adoption of a child is a major reason to review and update your estate plan.
If you did not previously have children, this is the moment when guardianship planning becomes critical. A properly drafted estate plan allows you to name guardians for minor children, giving you a voice in who raises them if you pass away.
If you already have children and welcome another, your estate plan should be reviewed to ensure all children are included properly and treated according to your wishes.
Even flexible trusts should be updated to clearly acknowledge new children and avoid ambiguity.
Real estate ownership is one of the most important triggers for updating an estate plan in California.
If you sell a home that was titled in your living trust and purchase a new one, the new property must also be titled in the name of the trust. Otherwise, it may be exposed to probate. Add your home to a living trust without refinancing
Improper titling is one of the main reasons families end up in probate even though a trust exists. 5 reasons Californians still end up in probate
Receiving a large inheritance or experiencing a significant financial change is another reason to update your estate plan.
New assets may need to be:
Without proper integration, these assets may bypass your estate plan entirely or create tax and distribution issues. Life insurance in an estate plan
Your estate plan relies heavily on the people you choose to act on your behalf.
These include:
If any of these individuals pass away, move away, become ill, or are no longer trustworthy, your plan should be updated immediately.
A trust is built on trust. If that trust changes, the documents should reflect it.
Even without major life events, it is wise to review your estate plan every 3 to 5 years.
Laws change. Family dynamics change. Financial situations change.
A periodic review helps ensure your plan still works as intended and avoids surprises. How to keep your estate plan safe
An outdated estate plan can cause:
Updating your plan is usually far simpler and less expensive than fixing problems after someone passes away.
How often should I update my estate plan?
Every 3 to 5 years or after major life events.
Do I need a lawyer to update my estate plan?
While not legally required, professional guidance helps avoid costly mistakes.
Can buying a home require an estate plan update?
Yes. New real estate must be titled correctly to avoid probate.
What happens if I do not update my estate plan?
Outdated plans can lead to probate, conflict, and unintended results.
Can I update only part of my estate plan?
Yes. Trust amendments and restatements allow partial or full updates.
An estate plan is not about predicting the future. It is about preparing for it.
If your life has changed, your estate plan should reflect those changes. Regular reviews help ensure your family is protected, your wishes are honored, and unnecessary court involvement is avoided.
Schedule your free 30-minute Strategy Session today or call (949) 377-2996 with Michael Pevney, your trusted Orange County estate planning attorney.
SECURE YOUR LEGACY
With over 18 years of legal experience in Orange County, Michael Pevney focuses on estate planning to help families protect assets, avoid probate, and secure their legacy with confidence.
