Failing to fund a living trust after it has been created ranks among the most frequent oversights. Many people go through the process of drafting and signing a trust, only to never transfer their assets into it. When this happens, those assets may still be subject to California probate — defeating the primary purpose of having a trust in the first place.

Yes, many estate planning mistakes can be corrected through various legal remedies available under California law, including the use of a correction affidavit in certain situations where minor errors exist in a will or trust document. Common corrections also include amending or revoking a trust or will, creating a new trust or will, filing a petition for reformation or revocation with the probate court, or using post-death planning strategies like disclaimers or trust modifications. However, the ability to correct mistakes depends on the specific error, timing, and whether the document was properly executed, so consulting with a California estate planning attorney is advisable to determine your best options.

Yes — and this surprises many people. Assets such as life insurance policies, retirement accounts, and payable-on-death bank accounts transfer directly to the named beneficiary, regardless of what your will or trust says. This is why it is essential to review and align your beneficiary designations with your overall estate plan, especially after major life events like marriage, divorce, or the birth of a child.

As a general rule, estate plans should be reviewed every three to five years and after any significant life change — such as marriage, divorce, the birth of a child or grandchild, a major change in assets, or the death of a named trustee or beneficiary. California law also changes periodically, which can affect how your documents function. Regular reviews help ensure your plan still reflects your current wishes and complies with applicable law.

In California, estate planning documents such as wills and trusts must meet specific legal requirements to be valid — including proper signing, witnessing, and in some cases notarization. Documents that do not meet these requirements may be challenged, deemed invalid, or require court involvement to resolve. This is one reason why working with a knowledgeable professional during the preparation and execution process is so important.