Why Estate Planning Matters 2026
October 2026

Planning Insights
By James Mitchell Ollis III, Financial Advisor | CRD# 1127198
Estate planning is about making sure what you have built reaches the people you choose, when they need it, without unnecessary cost or conflict. A well-crafted plan preserves your wealth and its intended purpose, and keeps your family secure long after you are gone. Poor planning, or no planning at all, can leave your family facing years of legal proceedings, unnecessary taxes, and probate fees.
What a Current Plan Protects
Probate, the court process of recognizing and administering a will, is often long, costly, and emotionally exhausting for surviving family. Without a trust, it can take up to two years for assets to reach beneficiaries, and probate costs can reach up to 7% of taxable assets.
Beyond probate, a current plan names how your assets pass to family and charities, helps minimize federal and state estate taxes, and lets you designate guardians for minor children rather than leaving that decision to a court. It also directs who makes healthcare and financial decisions if you cannot, and it matters for your adult children too: once a child turns 18, parents lose the legal authority to access medical information or assist in an emergency without proper documents in place.
When Plans Go Out of Date
Outdated beneficiary designations on retirement plans and life insurance are among the most common and costly mistakes. Because these assets often represent the largest share of an estate, passing them to the wrong person can be devastating. In one well-known court case, a father who divorced but never updated his designations left his entire pension and life insurance to his ex-wife. His children contested it and lost, leaving them with nothing but legal bills.
A trust only works if it is funded. Families who set up a trust correctly but never move their accounts into it leave those assets exposed to probate, and their heirs with an empty trust and sometimes an unexpected estate tax bill. Outdated fiduciaries, the people you appoint as trustee, executor, or healthcare agent, create the same risk: relationships and circumstances change, and the wrong person can end up in charge.
The Core Documents You Need
Simple, well-drafted core documents cover most families' needs:
- A revocable living trust, your primary document for managing assets during life and after death
- A pour-over will, which directs any remaining probate assets into your trust
- A durable power of attorney for financial affairs, which stays effective if you become incapacitated
- A health care directive and health care power of attorney for medical decisions
- A letter of wishes, a flexible, non-binding letter that explains your intent to your trustees
Know Your State's Rules
Where you live shapes your estate tax exposure. Sixteen states plus Washington, D.C. levy an estate or inheritance tax, with some exemption levels as low as $1 million. Alabama currently has neither, but families with property or heirs in other states should plan for those rules.
A Short Review Each Year
Estate planning is an ongoing process, not a one-time event. Each year, it is worth confirming that your beneficiaries and fiduciaries are still the right people, your documents reflect your current wishes, your assets are titled correctly, guardians are named for minor children, and your family knows your intentions. A short, regular review keeps your plan pointed at your goals.
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