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The start of a new year is often a time for fresh goals, renewed priorities, and taking care of things we’ve been meaning to address. Whether you already have an estate plan that hasn’t been reviewed in years — or you’ve been meaning to create one but haven’t started — 2026 is an ideal time to take that step.

Estate planning is not a “set it and forget it” task. Life changes, laws evolve, and your priorities may shift over time. Starting the year with an updated — or newly created — estate plan helps ensure your wishes are clearly documented and your loved ones are protected.

 

Why Estate Plans Need Regular Updates

Even a well-drafted estate plan can become outdated. In general, estate planning attorneys recommend reviewing your plan every 3-5 years, or sooner if there has been a major life change. Common reasons that your estate plan may need to be updated include:

• Marriage or divorce
• Birth or adoption of a child or grandchild
• Death or incapacity of a beneficiary, trustee, or agent
• Changes in family dynamics or relationships
• Buying or selling real estate
• Starting or selling a business
• Significant changes in assets or debts

If any of these apply to you, reviewing your plan in 2026 can help ensure it still works the way you intend.

 

If You Don’t Have an Estate Plan Yet, This Is Your Sign

If you don’t currently have an estate plan, you’re not alone — and the beginning of a new year is one of the best times to get started. Many people delay estate planning because they believe their estate is “too simple,” they are “too young,” or it’s something they will deal with later.

Without an estate plan in place, California law determines who inherits your assets, who manages your financial affairs if you become incapacitated, and who makes medical decisions on your behalf. Creating an estate plan allows you to stay in control of those decisions and provides clarity during times when your family may need it most.

A basic estate plan can be straightforward, affordable, and tailored to your situation — and it provides immediate peace of mind.

 

Changes in the Law Can Impact Your Plan

Estate planning laws are not static. Tax laws, probate procedures, and trust regulations can change at both the federal and state level. In California, even subtle changes to probate or property laws can affect how an outdated plan functions.

An estate plan created years ago may still be legally valid, but that does not mean it is optimized for current laws or your current goals. Reviewing or creating a plan in 2026 ensures your documents reflect today’s legal landscape.

 

Don’t Overlook Incapacity Planning

Estate planning is not only about what happens after death — it also addresses what happens if you are unable to make decisions for yourself.

A comprehensive estate plan typically includes documents such as a Financial Power of Attorney and an Advance Health Care Directive, which allow trusted individuals to manage financial and medical decisions on your behalf. If these documents are outdated, missing, or name individuals who are no longer appropriate, your loved ones may face unnecessary stress or court involvement.

Updating or creating these documents in 2026 ensures your wishes are respected and your family has clear guidance.

 

Even “Simple” Estates Benefit from a Plan

This is true whether you’re updating an existing plan or creating your first one.

Even relatively simple estates benefit from proper planning. Without clear instructions, assets may be subject to probate, delays, or unintended distribution under California’s default laws. A well-prepared estate plan can:

• Clearly identify beneficiaries
• Reduce the likelihood of disputes
• Avoid unnecessary court involvement
• Designate guardians for minor children
• Provide peace of mind for you and your loved ones

 

Start 2026 With Confidence

Think back to when you last signed — or considered signing — estate planning documents. Chances are that your life, assets, and priorities look different today. An outdated plan — or no plan at all — may not reflect how you want decisions made or assets distributed.

Starting 2026 with a current estate plan is a proactive step that provides clarity, protection, and peace of mind. It is an investment in your family’s future and a meaningful way to begin the year with intention.

 

Take the First Step in 2026

Whether you need to update an existing estate plan or are ready to create one for the first time, now is the time to act. A consultation with an experienced estate planning attorney can help you understand your options and ensure your plan aligns with your goals.

New year, new plan. Make 2026 the year you put your estate plan in place — and keep it working for you and the people you care about most.

If you’re considering creating an estate plan for the first time, or if you’re unsure whether your current plan still reflects your wishes, now is a great time to get answers. Contact Herbert Law Office at (661) 273-9007 to schedule your FREE consultation and learn how we can help you move into 2026 with confidence.