When Should I Update My Will and Estate Plan? episode artwork

EPISODE · May 12, 2026 · 17 MIN

When Should I Update My Will and Estate Plan?

from Let's Talk Estate Planning · host Jim Miskell

When should I update my will or estate plan?  Your will isn't just a piece of paper. It's your voice, making sure things go the way you want, even after you can't say so yourself. But when was the last time you updated it or actually read it? If it's been 20 years (or maybe you aren't even sure), it's time for a reality check. In this episode, you learn what happens when your estate planning doesn't keep up with your real life. Maybe your kids have grown up, your finances have changed, or the people listed in your old documents just aren't the right fit anymore. The hard truth? If your will is stuck in the past, your family could be facing a mess—confusion, extra court visits, delays, and even the chance that what you truly want for them gets completely missed. We'll walk through the big-ticket questions everyone with an old will needs to ask: - Has your family grown or changed since you wrote your will? - Are your chosen executors or agents still the right people for the job? - Do you need to put new protections or guardrails in place for kids, grandkids, or even yourself? - Is it time to think about a living trust instead of just a will, to make things smoother for your loved ones?   I'll break it down in plain language, so you can spot what's outdated, understand your options, and take real steps to update your plan. You did this work in the first place to make life easier for your family. Let's make sure your plan is still up to the task, so when it matters, your loved ones can spend less time dealing with paperwork and more time taking care of each other.   Chapter Highlights (00:00) What to do if your will or estate plan is 20 years old (02:00) How life changes—kids growing up, retirements, and why your old plan might not fit (03:43) The pitfalls of "default" estate plans and why easy administration matters (04:43) Will vs. Living Trust—Which one keeps your family out of the courthouse? (06:23) How to plan for disability and aging parents, not just death (08:12) Choosing your agents: The three-part test for picking the right helpers (12:00) Why naming enough backups is critical (and what happens when you don't) (13:14) Clearing up the myth: Does a will really avoid probate? (14:08) How to separate "raising the kids" from "managing the money" and why it matters (16:20) When should you actually talk to a Georgia attorney about updating your plan? If you've been putting this off or aren't sure if your old will is still "good enough," this episode is for you. Let's make sure your family gets the support they need, when they need it most.   Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop  https://letstalkestateplanning.com/estate-planning-workshops/  Visit our website to learn more  https://letstalkestateplanning.com/  Call Us (770) 822-2723 Watch the Podcast on YouTube  https://www.youtube.com/@estateplanninglawgroupofge137    Meet Jim Miskell Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims. For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives. No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.   Disclaimer The information provided in this podcast is for general informational and educational purposes only. It is not legal or advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

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How long is this episode of Let's Talk Estate Planning?

This episode is 17 minutes long.

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This episode was published on May 12, 2026.

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When should I update my will or estate plan?  Your will isn't just a piece of paper. It's your voice, making sure things go the way you want, even after you can't say so yourself. But when was the last time you updated it or actually read it? If...

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