In Oregon, many families put off estate planning or sign documents that work against their goals over time. Here’s what you should know to avoid these simple mistakes and create a plan that actually works for the people you love.
Not understanding Oregon estate tax and asset titling. Many Oregonians do not realize Oregon’s estate tax kicks in at 1 million dollars, far below the federal exemption, and fail to plan around that threshold. Putting all your assets as joint or with beneficiary designations may not be tax efficient and may cause strife after you pass away if there are taxes due. Similarly, titling everything jointly (for example, “to avoid probate”) can unintentionally disinherit children from a prior marriage or undermine tax and disability‑planning strategies that a trust could have handled more cleanly.
Not updating a will after big life events. If your will was done more than five years ago, it may need a review. Look at the documents and if you see anything that may need updating, meet with an estate planning attorney. If your life is like most, you’ve welcomed a new child or grandchild, had a love one pass, divorce, or remarried. Even if your own life hasn’t changed, laws around retirement accounts and taxes have changed and your will may need to be updated to reflect those changes. If you have moved to another state a review may avoid disputes arising from out-of-date estate planning documents.
Beneficiary designations clashing with will instructions. Certain accounts, like retirement accounts, pensions and insurance policies, pass directly to the people named as beneficiaries on the documents, no matter what’s in the will. Do these designations reflect what you want? If they don't match the will or trust, is that intentional?
Not planning for digital assets. Many Oregon estate plans still don’t clearly say that an executor or trustee can access digital assets even though Oregon law (RUFADAA, ORS chapter 119) lets them if the documents spell it out. On top of that, people often never make a list of their online accounts, passwords, and private keys, so when they die or become disabled, family members may know the assets exist but still can’t reach them—and the money is effectively gone.
Real estate property requires specific instructions. Real estate can be a significant part of an estate and one of the most contentious assets. Clear instructions and a plan for costs will preserve a legacy.
Failing to fund trusts. Trusts only work if they are properly funded. Unless assets are transferred into trusts, they will be part of the probate estate, defeating the purpose of creating the trust.
Vague phrases for personal property. Families often quarrel about personal property with sentimental value. A specific list of bequests is better or consider giving gifts during your lifetime.
Personal Representatives who aren’t prepared or willing to serve. Personal Representatives must be trustworthy, reliable and willing to administer an estate. Select the right person, then confirm their willingness to serve. Have a backup or two just in case your primary cannot serve or is unwilling to serve.
Unequal distributions with no discussion. Many situations call for unequal distributions, such as when one child receives a down payment on their home while the other hasn’t needed any financial help. However, talking about unequal distributions while living goes a long way toward reducing emotional fallout and the inevitable “Mom always liked you better” squabbles. At NW Estate Law, we provide a place for, and recommend, legacy love letters where, among other things, you can discuss your decisions.
No liquidity for immediate expenses. Funerals, taxes and debts must be paid and won’t wait for a will to be probated. Plan by leaving some cash for the personal representative in an account that is easy to access once probate is initiated so assets won’t have to be sold in a fire sale.
Neglecting tax planning. An inheritance cut dramatically by taxes is a lot of work and grief for little return. An estate planning attorney can help structure the estate to reduce taxes. If you have a taxable estate, it is a good idea to also have an accountant that your personal representative can use after you pass.
No power of attorney or advance directives. A completed estate plan addresses incapacity with these documents to give chosen people the authority to act on your behalf. Without them, families must go to court to make financial and medical decisions.
Whatever you discover when reviewing your previous estate plan, an experienced estate planning attorney will make it right to protect you and your loved ones.
Reference: Fundamental Estate Planning - NW Estate Law, LLC Saving Advice (Dec. 3, 2025) “12 Estate Planning Mistakes Families Discover Too Late in January”
