Is Your Estate Plan Out of Date? Let’s Find Out.

It’s National Estate Planning Month, Does Your Plan Still Fit Your Life?

by Whitney Knox Lee, Esq.

October 7, 2025

October is National Estate Planning Month, an annual reminder that protecting your loved ones isn’t something to put off until “someday.” Truth is, life changes fast. Babies are born, kids grow up, relationships shift, tax laws evolve. But your estate plan? It just sits there unless you show it some love. In many cases, an outdated plan can actually be worse than not having any plan. At Wills for the People, we believe planning for life changes should feel like self-care for your family and your legacy.

So let’s play a quick game of “yes, no, maybe so” to see if your plan is still serving you:

1. Do you even have a Georgia Will or a trust?

If not, Georgia (or whatever state you live in) has a plan for you. Spoiler: it does not include your family’s unique needs, goals, or that cousin you promised your record collection to.

Also remember that Will’s are based on state law. So if you have moved to Georgia recently and have not revised your estate plan to include a Georgia Will, you should prioritize doing so.

2. Has your plan been reviewed in the last five years?

If your answer is “hmm…not sure,” then the answer is probably no. Laws change, families change, and so do your wishes. Estate planning is not a one-and-done event, it’s a living process. Our plans should be adjusting with the changes in our life. If our estate planning doesn’t adjust when needed, there are sure to be cracks leading to loss of control of your assets and unwanted repercussions. An example is an ex-spouse who is the beneficiary of a life insurance plan and who gets the policy pay out after the policy owner failed to update their beneficiary following the divorce.

3. Are all your heirs over 18 and financially responsible?

Be real with yourself. If not, you probably don’t want them inheriting a lump sum without guardrails. A good plan builds in protection for your kids and their future.

If I were 18 and received a lump sum, I would spend it on All. The. Things. I would definitely need guardrails to protect my inheritance from myself.

Additionally, beneficiaries who are under 18 cannot inherit large sums of money outright. If you have made a minor child a beneficiary in your Will or insurance policies, check in with us to get this sorted out.

4. Are you positive your assets will skip probate?

Probate can drag on for a year or more and eat up time and money. Here in Fulton County, the average time an estate spends in probate court is two years. Unless your assets are properly titled or in a trust, chances are good your estate is headed to probate limbo.

5. Do you own property jointly with someone other than your spouse?

This one is sneaky. Putting your kid or sibling on a deed or bank account seems simple, but it can open the door to creditors, divorce drama, or other mess you don’t want. Schedule a call with us so that we can walk you through the various considerations (both good and bad) of having joint ownership of an asset.

On this point my advice always remains the same: consult with an attorney BEFORE adding or removing anyone from your deed!

6. Does your plan protect your heirs from lawsuits, creditors, or divorce?

If your plan is just “they get it all outright,” then no, it does not. Outright gifts are wide open to whoever comes knocking. There are times when this is just fine, ideal even. However if your goal is to “create generational wealth” or build a “legacy that lasts”, that almost certainly will not happen with an outright gift that is unprotected from lawsuits, creditors, or divorcing spouses.

7. Is this your first marriage?

Blended families need extra care. Without it, you could accidentally cut someone you love out of the picture. When you enter into a second marriage, or marry someone who has been married before (with children, or alimony payments), the spouses need to consider how they want to protect the assets they are bringing into the marriage, and also how they want to protect their own children and relatives.

On this note, have you been divorced since creating your estate plan? If so and your plan has not been updated, you should take action NOW.

If you answered “no” to any of these—or “yes” to #5—it’s time for an estate planning check-up.

Ready to update your plan—or finally create one? Schedule a Legacy Planning Meeting with us today. We’ll walk you through the process step by step, in plain language, and make sure your plan actually works for the people you love most.