Is Estate Planning on Your 2026 To-Do List?

It’s the start of a new year, and depending on the blogs, podcasts, or planners you follow, you’ve probably seen a familiar theme: “Get your estate plan in order.” (Yes, this blog is part of that wave, but for good reason.)

For many of my clients, January isn’t just a fresh start; it’s a wake-up call. Estate planning has been on the back burner for months. It’s on their New Year’s resolution list, or their financial advisor nudged them before the holidays... and now it's 2026, and they’re ready to check it off.

Whether you’re starting from scratch or reviewing an old plan that needs a refresh, now’s a smart time to take action.

What Is Estate Planning, Really?

Estate planning isn’t just for retirees or the wealthy. It’s for anyone who wants to make smart decisions now to avoid chaos later. It’s about protecting what you’ve built and making sure your wishes are clear if something happens to you.

Most estate plans include documents like:

A Will
A Trust (or multiple types of trusts, depending on your needs)
Power of Attorney
Healthcare Directive
HIPAA Authorization
Living Will

If you’ve ever used an online form that fills in the blanks and spits out a will in five minutes... that’s not real planning. That’s paperwork. A good estate plan is tailored to your unique family, assets, goals, and future.

Why You Need an Estate Plan in 2026

Still not sure if estate planning is for you? Let’s look at what it really provides:

Clarity and Control – You decide who gets what, who takes care of your kids, and who manages things if you're not able to.
Reduced Legal Stress – Your family avoids court delays, extra costs, and frustrating legal processes.
Tax Efficiency – A strategic plan can minimize estate and inheritance taxes, leaving more for your loved ones.
Healthcare Peace of Mind – You control medical decisions if you’re incapacitated (no guessing games for your family).

And here’s the truth: if you do nothing, you still have a plan. But it’s the court’s plan, not yours. And it can be expensive, stressful, and far from what you’d actually want.

Should Estate Planning Be Your 2026 Resolution?

If you want to sleep better at night knowing your family is protected, then yes. It’s one of the most empowering resolutions you can make.

Here’s what it gives you:

Peace of Mind – You’ve got things in place. No more wondering, no more guilt.
Financial Security – Your assets are distributed how you want, when you want, to the people you trust.
Legacy – Whether that means supporting your kids, a cause, or just keeping family harmony (note: you’re in control).

How to Get Started

Here’s what the process usually looks like:

Inventory Your Assets – List your home, savings, retirement accounts, investments, business interests, and digital assets (yes, that includes crypto).
Clarify Your Wishes – Who gets what? Who makes decisions? Who raises your kids?
Talk with a Pro – An estate planning attorney helps tailor everything to your life. (That’s what I do: no templates, no guesswork.)
Draft and Sign – Create legally sound documents: wills, trusts, healthcare directives, and more.
Review Every 3 Years (At Least) – Life changes. Your plan should too.

What Happens If You Don’t?

If you pass away without a plan, your state’s probate system takes over. That means:

A judge decides who gets your assets.
Legal fees pile up.
If you have kids, the court decides who raises them.
The process can take months (or even years).

Doing nothing is technically a plan… but it’s not a good one.

In most cases, the cost of probate far exceeds the cost of creating a thoughtful estate plan. And your loved ones are left holding the emotional and financial mess.

Opening Thought for 2026

Your estate plan isn’t just about death. It’s about intention—for your family, your business, and your legacy.

If you’ve been putting this off, now’s a good time to start. You don’t need to know all the answers. You just need to take the first step.

Ready to Get Started with an Estate Planning Attorney?

If you need help getting your estate plan in place or are ready for an update to one you already have, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney.