Red Flags: It’s Time to Update Your Estate Plan

You’ve done the responsible thing — you created an estate plan. But just because the documents are signed doesn’t mean your plan will always do what you intended. Over time, laws change, families grow, and your wishes evolve. Here are some red flags that might mean your estate plan needs a review or update.

1. Outdated Beneficiaries

If your will, trust or life insurance still names an ex-spouse, a deceased relative, or someone you no longer intend to inherit — it’s time to update. By the way, beneficiary designations on bank accounts, retirement funds, and insurance policies can often override what’s written in your will.

2. Major Life Changes

Marriage, divorce, births, adoptions, or the death of a loved one can dramatically shift your plan. Even new grandchildren, blended families, or changes in your health or finances can affect how your plan should work.

3. No Powers of Attorney or Outdated Agents

Your estate plan should name trusted people to make financial and medical decisions if you can’t. If those agents have moved away, passed on, or you’ve simply lost touch, update those documents immediately.

4. Out-of-State Moves or Property

If you’ve moved across state lines or purchased property in another state, your plan might not comply with that state’s laws. For Kansas residents, make sure your plan reflects Kansas statutes and local court practices — especially for farm, ranch or business assets.

5. Missing or Unfunded Trusts

If you have a revocable living trust, make sure it’s properly funded. Titles to real estate, vehicles, or accounts must actually be transferred into the trust for it to work. If you aren’t sure whether that happened, that’s a red flag.

6. Old or Generic Documents

If your estate plan was drafted more than five years ago or created from an online form, it might not reflect current tax laws or your specific goals. Laws evolve, and a “one-size-fits-all” plan can lead to confusion or court involvement later.

7. No Plan for Digital or Business Assets

If your plan doesn’t mention digital accounts, online banking, or small business interests, those assets could be difficult for your family to access or manage after your passing.

Bottom Line

An estate plan isn’t “set it and forget it.” It’s a living set of documents that should grow with your life.

At Harvest Legal, we help families and business owners across rural Kansas, including Emporia, Council Grove, Cottonwood Falls and Marion. We help them review and update their estate plans so they still protect what matters most. If you spot any of these red flags — or it’s been more than a few years since your last review — let’s take a fresh look together.

Your family’s future deserves more than outdated paperwork.