Is Your Estate Plan Still Up to Date? Watch for These 5 Life Changes

By Kim Boyer

We often get asked, “How often should I review my estate plan? If your circumstances remain relatively stable, reviewing your plan every three to five years is a good idea. However, certain life events may require an earlier review. 

Life is full of changes. New relationships, a change of residency, the loss of a loved one, or an unexpected diagnosis can all affect your estate plan. As your life changes, your plan should evolve with it.

Too often, people think they’ve done everything they need to after initially signing their documents, but you should review it whenever you experience a new change in your life. We talk about the 5 D’s – life events that often signal it is time to review your estate plan. Let’s explore these events and see why it is important to revisit your plan after experiencing one. 

Death

When you lose someone close to you, you probably won’t think about your estate plan immediately, but it’s a good time to review it whenever you’re comfortable and able. That individual could be named as a fiduciary in your documents, such as executor or trustee or agent, and you’ll need to name someone else. This is crucial if you have no contingent fiduciary named after that person. 

You also need to adjust any assets originally going to them. If that person is named as a beneficiary on accounts, IRAs or insurance, you’ll want to update the beneficiary designation especially if there is no contingent beneficiary.

The loss of a loved one can also change your own priorities. It is a good opportunity to make sure your plan still reflects your wishes.

Divorce

We often name our spouses to important positions within our estate plans, but what happens when the marriage dissolves? 

Under Nevada law, divorce generally revokes certain provisions in favor of a former spouse. But under a retirement plan controlled by ERISA, federal law controls, and the ex-spouse may still receive the benefits. It is important to update your beneficiary designations and review your estate planning documents.

If you have minor children and you pass without planning in place, the other parent would have priority to manage the assets for the benefit of the minor children. Then the children would receive everything outright at age 18 – that is not what most parents would want. A trust can allow you to determine how and when your children receive their inheritance and who manages assets for them. 

Remarriage also raises many estate planning issues, particularly when you have children from a prior relationship. Reviewing your plan can help ensure that your spouse and children are provided for according to your wishes.

Diagnosis

A serious diagnosis can change your life in ways you never anticipated. We often work with families who are facing a diagnosis that may lead to long-term care needs.

A well-designed plan should include contingencies for incapacity. But when the reality strikes, often wishes change. Maybe the agents need updating because someone other than you expected is stepping up to provide care. Sometimes the person named in the documents needs help too.

This is a good time to not only review and update documents, but to think about plans for care. Where would you like to receive care if you can no longer live independently? Who will help take care of those who might depend on you?

Distance

We are often asked, “Are our documents valid if we move to another state?” Generally, properly executed estate planning documents remain valid when you move. But it is in your best interest to have a local estate planning attorney review your documents. Even if your plan remains valid, there may be opportunities to make it more effective under your new state’s laws. 

Descendants

Family changes are another important reason to review your estate plan. Parents should make sure any new children are addressed in the will or trust, including a nomination of guardian in case something happens to you and their other parent. Grandparents may want to make a specific bequest for new grandchildren, or set up educational provisions. 

As children grow older, their circumstances may change as well. A child may develop special needs, experience financial difficulties, or simply need additional help in managing an inheritance. Your plan can be adjusted to reflect those circumstances.

Keep Your Estate Plan Up to Date

Your estate plan is more than a collection of legal documents. It is a way to provide guidance and protection for the people you care about. Reviewing your plan every three to five years is a good starting point, but significant life changes should prompt an earlier review. If you have experienced one of these changes, Boyer Law Group can review and update your plan and answer questions you may have. 

Disclaimer: Information provided as a service of Kim Boyer, Certified Elder Law Attorney, updated as of 11/09/26. It does not constitute legal advice. For specific questions you should consult a qualified attorney.