The 2026 Estate Plan Checkup: 10 Things to Review in 30 Minutes

January has a special kind of momentum. You’re getting organized, making plans, maybe recovering from a health scare in the family, welcoming a new baby, or realizing your parents need more support than they used to. All of those moments have one thing in common: they can make your estate plan either more important—or suddenly outdated.

The good news: you don’t need a full rewrite every year. A quick annual review can catch the issues that cause the biggest headaches later.

Here’s a simple 30-minute estate plan checkup you can do at the start of 2026.

First, grab these (2 minutes)

• Your trust (if you have one) and any amendments

• Your will

• Your financial power of attorney (who can act for you with finances if you can’t)

• Your advance health care directive (your medical decision-maker + instructions)

• A list of your major assets (home, bank accounts, retirement, life insurance)

If you can’t find these quickly, that’s already a useful result: your first update might be your document storage system.

The 30-minute checklist (10 items)

1) Have you had a “life change” since your last review? (3 minutes)

Common triggers:

• Marriage, divorce, or a serious new relationship

• New baby or grandchild

• A move (even within the Bay Area) or buying/selling property

• A business change (new entity, partner, big growth)

• A death in the family

• Aging parents needing more help

• A diagnosis or health event

If any of these happened, it’s worth a closer look—even if your plan is only a year or two old.

2) Are your decision-makers still the right people? (4 minutes)

Most plans name people for different jobs, like:

• Trustee (manages trust assets)

• Executor (handles the will/probate process if needed)

• Agent under power of attorney (finances)

• Health care agent (medical decisions)

• Guardian for minor children

Ask:

• Would I still choose them today?

• Are they healthy, responsible, and available?

• Do I have at least one backup named?

3) Are your beneficiaries still correct—and complete? (3 minutes)

Things that commonly go wrong:

• Someone is missing (new child, new grandchild)

• An ex is still listed somewhere

• “Equal shares” doesn’t match reality anymore

• You want to include a charity but never actually added it

Even small updates can prevent big family confusion.

4) Do your beneficiary designations match your plan? (4 minutes)

Some assets pass by beneficiary form, not by your will or trust, including:

• Retirement accounts (401(k), IRA)

• Life insurance

• Many payable-on-death bank accounts

This is one of the most common “silent” problems: the trust says one thing, but the beneficiary form says another. A 5-minute review can prevent a major mismatch.

5) If you have a trust, is it actually funded? (4 minutes)

A trust only controls the assets that are properly connected to it. In plain English, check:

• Is your home titled in the name of the trust (if that’s the plan)?

• Are key bank/investment accounts titled correctly?

• Have you listed the right assets on your trust schedule (if applicable)?

In California, an unfunded or partially funded trust is a common reason families end up in probate when they thought they were avoiding it.

6) Are the “what if” instructions still what you want? (3 minutes)

Look for sections about:

• When and how children receive money

• Education support

• Substance abuse protections

• Special planning for a beneficiary with disabilities

• “If we both pass at the same time” scenarios

You don’t need to overthink this—just confirm it still reflects your values.

7) Have you updated your digital life plan? (2 minutes)

Most people have more value online than they realize:

• Password manager

• Photos and cloud storage

• Crypto or online financial accounts

• Two-factor authentication access

• Business accounts (Stripe, Shopify, domain names)

At minimum, make sure someone you trust can find instructions for access without you emailing passwords around.

8) Do you know where the originals are—and can your people find them? (2 minutes)

Ask yourself:

• Where are the signed originals stored?

• Who knows how to access them?

• If something happened tonight, would my spouse/partner be able to locate them in 10 minutes?

A simple shared folder, a safe, or a fireproof box—plus clear instructions—can be the difference between “smooth” and “chaos.”

9) Are your professional advisors aligned? (2 minutes)

If you have a CPA, financial advisor, or insurance agent, your plan works best when everyone is pulling in the same direction.

A quick check:

• Does your financial advisor understand your trust plan?

• Are any accounts intentionally outside the trust (and why)?

• Did you open new accounts last year that might need updates?

10) Do you have a plan for an incapacity situation? (3 minutes)

Most families focus on death planning, but incapacity is often the bigger day-to-day issue.

Confirm:

• Your power of attorney and health care directive are signed and current

• Your chosen agents are people who can actually step in

• Your agents know they’re named (and where documents are)

When a “quick checkup” should become a real update

If any of these are true, it’s time to talk:

• You can’t find your documents

• Your named decision-makers have changed (or should)

• Your beneficiary forms don’t match your plan

• You bought or refinanced a home

• You have a new child, new marriage, or new business situation

Want a simple 2026 estate plan check-up call?

If you’d like, we can do a 30-minute check-up consultation to review what you have, identify gaps, and map out next steps—without making it overwhelming. Use this link to get on our calendar: Schedule a Consultation

The Holiday Season as a Gentle Nudge Toward Estate Planning

The holiday season has a way of slowing time down—at least a little. Even when our calendars are packed, we tend to find quiet moments between gatherings, travel days, and year-end wrap-ups. Those moments often bring reflection: Who has been part of my life this year? What changed? What mattered most? What do I want the next year to look like?

That kind of reflection isn’t only personal—it can be practical. It can help you create an estate plan for the first time, or update an existing plan so it better matches your life today.

An “estate plan” is simply a set of legal documents that explains (1) who will make decisions for you if you can’t, and (2) what should happen to your assets and responsibilities when you pass away. For many families, the core documents include a trust (or a will), powers of attorney (for financial and legal matters), and an advance health care directive (for medical decisions). If you already have these documents, reflection can help you decide whether they still fit.

How holiday reflection can clarify your estate planning goals

Here are a few concrete ways that seasonal reflection can turn into better estate planning decisions.

1. Noticing what has changed since your plan was signed

A lot can change in a year or two: a new child or grandchild, a marriage or divorce, a move, a new business, a major inheritance, a home purchase, or a shift in financial priorities. Even changes that feel “non-legal,” like a loved one’s health challenges or a new caregiving role, can affect who should serve in important roles.

Reflection helps you spot those changes—so your plan doesn’t quietly drift out of date.

2. Re-centering on people, relationships, and responsibilities

Holidays often bring family dynamics into clearer focus. That’s not always easy—but it’s useful information. Estate planning requires you to choose people for key roles, such as:

• Successor trustee (the person who manages a trust when you can’t)

• Executor (the person who carries out a will)

• Agent under power of attorney (the person who can handle financial/legal matters for you)

• Health care agent (the person who can make medical decisions if you cannot)

• Guardians for minor children

Reflection can help you ask: Who is steady under pressure? Who is organized? Who knows my values? Who is nearby (or willing to travel)? Sometimes the best choice is not the closest relative—it’s the person most suited to the job.

3. Identifying the causes and communities you want to support

Many people feel more charitable at this time of year, and that can lead to meaningful estate planning choices. If you have causes that matter to you—schools, faith communities, medical research, the arts, or local organizations—this is a natural moment to consider whether you want to include charitable giving in your plan.

That doesn’t have to be complicated. It can be as simple as a percentage gift, a specific dollar amount, or naming a charity as a beneficiary of a retirement account.

4. Creating clarity to reduce stress for loved ones

When families gather, we’re reminded that life is both joyful and fragile. One of the greatest gifts an estate plan provides is clarity—especially during difficult seasons. Reflection often motivates people to address the things that loved ones would otherwise have to guess about, like:

• What medical care you would want in a serious situation

• Who should handle decisions if you’re incapacitated

• How you want personal items distributed

• Whether you have digital assets (photos, accounts, subscriptions) that need instructions

Even small updates can make a big difference.

Practical reflection exercises that can lead to real action

If you want to turn reflection into forward movement, try one or two of these:

• Make a “people and causes” list. Write down the individuals you feel responsible for (children, aging parents, a sibling who needs support) and the causes you care about. Estate planning becomes clearer when you see it in one place.

• Do a 30-minute document check. Pull out your existing estate planning documents and ask: Do these names still make sense? Are the addresses current? Has anything major changed since I signed? If you can’t find your documents, that’s a helpful discovery too.

• Inventory what you own. You don’t need perfect numbers. A simple list—home, bank accounts, retirement accounts, life insurance, business interests—helps you and your attorney see the full picture.

• Have one calm conversation. Not a big “family meeting,” just a straightforward check-in with the person you’d want making decisions. The goal isn’t to share every detail—it’s to confirm willingness and make sure they understand your general wishes.

Adding guidance to an existing estate plan

Sometimes you don’t need a full overhaul. Reflection may reveal that what you really want is better guidance for the people who will step in later. Depending on your situation, you may be able to add or update:

• A letter of instruction (non-legal guidance about practical details, preferences, and personal messages)

• Notes about caregiving or special family circumstances

• A plan for personal property (family heirlooms, sentimental items)

• Instructions for digital assets and online accounts

• Updated beneficiary designations (often overlooked, but very important)

If you’re unsure what can be updated informally versus what requires legal changes, that’s exactly what an estate planning review is for.

A note from Shafae Law: our final post of 2025

This will be our last blog post for the remainder of 2025. We’ll be taking a short break from publishing as the year comes to a close, and we look forward to sharing new content in 2026.

In the meantime, if this season of reflection is nudging you to create an estate plan—or revisit one you already have—we’re here to help. A thoughtful plan is one of the most caring things you can do for the people you love.

From all of us at Shafae Law, we wish you a warm holiday season and a happy, healthy, and fruitful new year.

The Importance of Reviewing Your Estate Plan Annually

Estate planning isn’t a one-and-done task—it’s a dynamic process that evolves as your life circumstances, financial situation, and the legal landscape change. Regularly reviewing your estate plan is essential to ensure it continues to reflect your wishes and protect your loved ones. Here’s why an annual review is critical and what you should look for when updating your plan.

Why Review Your Estate Plan Annually?

1. Life Changes Happen Frequently
   Major life events like marriages, divorces, births, deaths, or the acquisition of significant assets can quickly make your estate plan outdated. Without regular updates, your plan may no longer meet your goals or reflect your family structure.

   Example: If you welcomed a new child or grandchild in the past year, you’ll want to ensure they’re included in your plan as a beneficiary. Alternatively, if you divorced, you’ll need to remove your ex-spouse from key roles, such as executor or beneficiary.

2. Laws Change
   Tax laws and estate planning regulations are subject to change. For example, the federal estate and gift tax exemption in 2025 is $13.99 million per individual, but it’s scheduled to drop significantly in 2026. An annual review ensures you’re maximizing the current legal benefits and adapting to any new laws.

   Example: If you’ve been delaying lifetime gifts, an annual review can help you determine whether it’s the right time to take advantage of today’s high exemption limits.

3. Asset Changes
   Over the course of a year, you might acquire new property, investments, or business interests, or you may sell existing ones. These changes must be reflected in your estate plan to ensure they are distributed according to your wishes.

   Example: If you purchased a rental property in 2025 but didn’t transfer it into your trust, it may have to go through probate. An annual review can catch oversights like this.

4. Avoiding Family Disputes
   Clear, up-to-date estate plans reduce confusion and potential conflicts among heirs. Reviewing your plan regularly ensures that it’s comprehensive and addresses all family dynamics.

What to Look for During a Review

1. Beneficiary Designations: Are the people named on your retirement accounts, life insurance policies, and other assets still the right choices?

2. Key Appointments: Are your executor, trustee, and guardians still appropriate and willing to serve?

3. Tax Planning Opportunities: Are you taking advantage of current exemptions and credits?

4. New Assets or Liabilities: Have you accounted for any major purchases, sales, or debts?

5. Healthcare and Financial Directives: Do your powers of attorney and healthcare directives reflect your current wishes?

6. Digital Assets: Are provisions in place to manage your online accounts and digital property?

Make Annual Reviews a Habit

An annual estate plan review is a small but crucial step in protecting your legacy and loved ones. Consider setting a calendar reminder every January or tying it to another annual activity, like preparing taxes. This simple habit can save time, money, and stress in the future.

Let Us Help Keep Your Plan Current

If it’s been more than two years since your last review—or if life has brought changes—contact us today. We’ll help you update your estate plan to ensure it’s accurate, effective, and ready to meet your needs in 2025 and beyond.