Estate Planning Myths That Could Put Your Family at Risk

As an estate planning attorney in Tucson, I hear a lot of the same misconceptions from families across Southern Arizona. These myths can be more than just confusing—they can leave your loved ones unprotected and force them into stressful, expensive court processes you never intended.

Here are some of the most common estate planning myths I see, and the truth that every Arizona family should know.

Myth #1: “I don’t have enough assets to need an estate plan.”

Estate planning isn’t just for the wealthy. In Arizona, even a modest bank account, a car, or your home may require your loved ones to go through probate if you don’t have the right documents in place. A plan ensures your wishes are honored, your family avoids court, and someone you trust can step in if you’re unable to make decisions.

Myth #2: “A will keeps my family out of probate.”

This one surprises a lot of people. A will does not avoid probate in Arizona. A will simply tells the probate court how to distribute your assets. If your goal is to avoid court altogether, a properly drafted and funded revocable living trust is usually the best tool.

Myth #3: “My family will know what to do—there’s no need to plan.”

Even the closest families can face confusion, disagreements, or unexpected stress when there’s no plan in place. Estate planning isn’t just about documents—it’s about clarity, communication, and making things as easy as possible for the people you love.

Myth #4: “I already filled out beneficiaries, so I’m covered.”

Beneficiary designations on accounts like retirement plans or life insurance are important—but they don’t cover everything. They also don’t help if you become incapacitated, and they can unintentionally disinherit someone if life changes (marriage, divorce, new children) aren’t accounted for in a comprehensive plan.

Myth #5: “I can do everything myself with online forms.”

Arizona has specific legal requirements for wills, trusts, and powers of attorney. Generic online templates often miss critical protections or contain conflicting language that can invalidate your intentions. A DIY plan can cost much more in court later than working with an attorney upfront.

Myth #6: “Once I create a trust or will, I’m done.”

Your life changes—and your plan should, too. Marriage, children, home purchases, business changes, or shifting family relationships all impact your estate plan. Reviewing your documents regularly ensures everything still reflects your wishes.

Myth #7: “Estate planning is only about what happens after I die.”

A complete plan protects you during your lifetime, too. Powers of attorney, healthcare directives, HIPAA releases, and a living will ensure someone you trust can make decisions if you can’t. Without these, your family might have to go to court just to help you.

Planning Doesn’t Have to Be Overwhelming

I believe estate planning should be clear, compassionate, culturally aware, and accessible to every Arizona family—whether you’re preparing a simple will or building a comprehensive revocable living trust.

If you’d like help avoiding probate, protecting your children, or creating a plan that truly reflects your values, I’m here to guide you through every step of the process.

Ready to get started? Visit my website at www.erendiracastillolaw.com or call me at (520) 477-1925 to schedule a consultation.  Eréndira Castillo, provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers.