Your Annual Check-Up for Estate Planning
Reviewing your estate plan is one of the easiest New Years resolutions you can keep in 2026. It doesn’t require sweating in a gym or eating kale. It’s just a quick, honest look at your life to ensure your legal documents still match your reality.
Here is your 15-minute "Annual Check-Up" checklist to see if your plan needs a tune-up.
1. The “Who” Check: Are the Right People in the Right Seats?
Your estate plan is powered by the people you appoint to handle things when you can’t. But relationships change. Ask yourself:
The Guardians: Are the guardians you named for your minor children still the best choice? Have they moved away, developed health issues, or changed their own parenting style?
The Executors & Trustees: Is the brother-in-law you named as executor five years ago still part of the family? Is your successor trustee still willing and able to take on the job?
The Power of Attorney: If you were in a hospital bed today, is the person named in your Healthcare Proxy or Financial Power of Attorney still the person you trust most to make life-or-death decisions?
2. The “What” Check: Have Your Assets Changed?
An estate plan that doesn’t account for your current assets is like a map to a treasure chest that no longer exists.
Real Estate: Did you buy a vacation home or an investment property in 2025? If you have a Trust, did you remember to title the deed in the name of the Trust? (If not, it may trigger probate).
Digital Assets: This is the big one for 2026. Do you have cryptocurrency or online-only investment accounts? Does your trustee or executor have the legal authority—and the passwords—to access them?
Business Interests: If you started a side hustle or bought into a partnership, your plan needs to address business succession.
3. The “Free Pass” Check: Beneficiary Designations
This is the most common—and dangerous—oversight. Assets like 401(k)s, IRAs, and life insurance policies transfer via beneficiary designation, not typically through your Will.
The Ex-Spouse Trap: If you divorced but forgot to update your 401(k) beneficiary, your ex-spouse could legally inherit that money, regardless of what your new Will says. I’ve seen this very scenario on many occasions.
The “Estate” Mistake: If you named “My Estate” as the beneficiary to simplify things, you might have inadvertently triggered negative tax consequences.
Final Thought
Your estate plan isn't always a static document. It needs to evolve alongside your life. By verifying your instructions this January, you ensure your legacy remains a source of comfort rather than confusion. If you found any gaps during your review, take action now to secure your peace of mind for the year ahead.
About Bryan King
Bryan King is an estate planning attorney and partner at Haithcock, Barfield, Hulse & King, PLLC, based in Goldsboro, North Carolina. He is a member of the North Carolina Bar Association’s Estate Planning Section as well as the National Academy of Elder Law Attorneys. When he is not practicing law or writing the Friday Brief, he finds joy in family time, attending to his dog, and serving on the board of the North Carolina Down Syndrome Alliance.