--- title: "Nine Events That Should Trigger an Estate Plan Review | Legacy Counsel" description: "Plans do not fail because they were drafted badly. They fail because life moved and the documents did not." lang: en json-ld: | [ { "@context": "https://schema.org", "@graph": [ { "@type": "LegalService", "@id": "https://jacobslegacycounsel.com/#legalservice", "name": "Jacobs Legacy Counsel", "alternateName": [ "Legacy Counsel by Jacobs Counsel", "Jacobs Legacy" ], "url": "https://jacobslegacycounsel.com", "description": "Fixed-fee estate planning for high-net-worth families, founders, executives, and professional athletes. 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They fail because life moved and the documents did not.", "abstract": "Review your estate plan whenever your family, your money, or the law changes. The nine events that should always trigger a review: marriage, divorce, a birth or adoption, a death among your beneficiaries or fiduciaries, a move to another state, a business sale or liquidity event, buying real estate in another state, a significant change in net worth, and any change in federal or state estate tax law. Absent those, review every three years.", "datePublished": "2026-04-10", "dateModified": "2026-08-12T15:50:10.344299+00:00", "author": { "@type": "Person", "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person", "name": "Andrew R. 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Documents rarely fail because they were drafted badly; they fail because they were never updated." } }, { "@type": "Question", "name": "Do I need a new plan if I move to another state?", "acceptedAnswer": { "@type": "Answer", "text": "Usually a review rather than a rebuild. Execution formalities, spousal rights, healthcare directive forms, and state estate or inheritance tax exposure all differ — moving between New Jersey, New York, and Ohio changes the tax picture materially." } }, { "@type": "Question", "name": "Does a change in the estate tax exemption require action?", "acceptedAnswer": { "@type": "Answer", "text": "It can. Formula clauses tied to the exemption can allocate very differently when the number moves, so plans drafted under an older exemption should be re-read against the current one." } }, { "@type": "Question", "name": "What should be reviewed after a divorce?", "acceptedAnswer": { "@type": "Answer", "text": "Everything: will and trust terms, beneficiary designations, powers of attorney, healthcare agents, and any life insurance ordered by decree. Divorce judgments do not update account forms." } }, { "@type": "Question", "name": "Is a review just paperwork, or does something usually change?", "acceptedAnswer": { "@type": "Answer", "text": "In practice most reviews surface at least one real defect — an unfunded asset, a stale designation, or a fiduciary who is no longer the right choice." } } ] } ] ] --- A Practice of [Jacobs Counsel LLC](https://jacobscounsellaw.com) Serving NY · NJ · OH — Vol. 2026 [Legacy Counsel ](/) Firm Resources Estate Planning Trusts [Probate & Admin](/probate-trust-administration)[Pricing](/pricing)[Book Call](https://cal.com/drewjacobs/estate-planning)[Start Intake](/get-started) Menu 1. [Home](/) 2. [Journal](/blog) 3. When TO Update Your Estate Plan [← Legacy Journal](/blog)Estate Planning · Reviews # Nine Events That Should Trigger an Estate Plan Review Plans do not fail because they were drafted badly. They fail because life moved and the documents did not. April 10, 2026 8 min read By Drew Jacobs, Esq. The short answer Review your estate plan whenever your family, your money, or the law changes. The nine events that should always trigger a review: marriage, divorce, a birth or adoption, a death among your beneficiaries or fiduciaries, a move to another state, a business sale or liquidity event, buying real estate in another state, a significant change in net worth, and any change in federal or state estate tax law. Absent those, review every three years. Most defective estate plans were correct the day they were signed. What changed was the family, the balance sheet, the state of residence, or the law. A plan is a snapshot; these are the nine events that make the snapshot stale. ## 1\. Marriage, divorce, or remarriage Marriage creates spousal rights that can override outdated documents. Divorce does not automatically update retirement or insurance [beneficiary designations](/blog/beneficiary-designations-override-your-will). Remarriage with children from a prior relationship is the single most common source of estate disputes, and it usually calls for a structure that provides for a spouse while preserving principal for children rather than relying on goodwill. ## 2\. A birth, or a child reaching adulthood New children need to be included, guardians named, and shares structured. Children who become adults may no longer need a staged trust — or, if there is a creditor, addiction, or divorce risk, may need one more than ever. ## 3\. A material change in net worth A liquidity event, an inheritance, a large equity grant, or a real estate appreciation cycle can push an estate from comfortably under a tax threshold to over one. New York's [estate tax cliff](/blog/new-york-estate-tax-cliff) in particular punishes a modest overage severely, and the federal exclusion is a moving figure that should not be treated as fixed. ## 4\. Moving to another state Documents generally travel, but the tax and administrative treatment does not. New Jersey imposes an inheritance tax based on who inherits. New York imposes an estate tax with a cliff. Ohio imposes neither but supervises probate more closely. Moving among them, or acquiring property in one while living in another, changes the plan's arithmetic — and multi-state real property is the classic trigger for a funded trust. ## 5\. Buying real property — especially out of state Property in a second state usually means a second probate proceeding unless it is titled into a trust or an appropriate entity. New York cooperatives add board consent to the transfer, which no court can accelerate. ## 6\. Starting, selling, or restructuring a business Operating agreements, buy-sell provisions, and transfer restrictions must agree with the estate plan. A trust that cannot legally receive an interest, or a buy-sell with no funding, produces a forced sale at the worst possible time. Pre-exit is also when the most valuable planning windows are open, which we cover in [planning before an exit](/estate-planning/founders-pre-exit). ## 7\. Death, illness, or falling-out involving a named fiduciary Executors, trustees, guardians, and agents under powers of attorney all need to be currently willing, currently able, and currently on speaking terms with your family. Confirm your bench every few years. ## 8\. A change in a beneficiary's circumstances Disability, means-tested benefits, creditor pressure, divorce, or a substance issue each argue for protective structure rather than outright distribution. Timing matters — planning done after a claim arises is far weaker than planning done before. ## 9\. A change in the law Transfer tax exclusions, retirement account distribution rules, and state thresholds all move. Some planning is only available in a specific window, and options narrow with age, health, and asset concentration. ## A sane maintenance rhythm - **Every year:** confirm beneficiary designations, including any account created by a job change or rollover. - **Every three years:** review fiduciaries and trust funding status. - **On any trigger above:** review immediately rather than at the next anniversary. We review existing plans on a fixed fee, whoever drafted them. Prior results do not guarantee a similar outcome, and no review can promise a particular tax result — but most reviews surface at least one fixable defect, and unfunded trusts and stale designations lead the list. ## Related reading - [Trust funding: the step most plans skip](/blog/trust-funding-the-step-most-plans-skip) - [Fixed-fee pricing](/pricing) - [Start your estate plan](/get-started) _Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Nothing in this post should be relied upon as a definitive legal conclusion for any specific situation. Consult a qualified attorney before taking action based on any information here._ Frequently asked ## Questions we hear most How often should an estate plan be reviewed? Every three years as a baseline, and immediately after any major life, financial, or legal change. Documents rarely fail because they were drafted badly; they fail because they were never updated. Do I need a new plan if I move to another state? Usually a review rather than a rebuild. Execution formalities, spousal rights, healthcare directive forms, and state estate or inheritance tax exposure all differ — moving between New Jersey, New York, and Ohio changes the tax picture materially. Does a change in the estate tax exemption require action? It can. Formula clauses tied to the exemption can allocate very differently when the number moves, so plans drafted under an older exemption should be re-read against the current one. What should be reviewed after a divorce? Everything: will and trust terms, beneficiary designations, powers of attorney, healthcare agents, and any life insurance ordered by decree. Divorce judgments do not update account forms. Is a review just paperwork, or does something usually change? In practice most reviews surface at least one real defect — an unfunded asset, a stale designation, or a fiduciary who is no longer the right choice. Free Download ### The Estate Planning Checklist A practical checklist covering documents, titling, beneficiary designations, and the funding steps most plans skip. Written for NY, NJ, and OH families. Send it to me Educational material only — not legal advice. Requesting the guide does not create an attorney-client relationship. We do not sell or share your email. Estate Planning Assessment ### Not sure what you need yet? A short, private assessment maps your situation to the documents and structures worth discussing — wills, revocable trusts, irrevocable planning, or administration support. [Take the 2-minute assessment →](/quiz/estate-planning) Educational only. Completing the assessment does not create an attorney-client relationship. Keep reading - [Small Estate Shortcuts in New Jersey, New York, and Ohio Estate Planning · Probate ](/blog/small-estate-shortcuts-nj-ny-oh) - [How to Put Your House in a Trust (NJ, NY, and OH) Estate Planning · Trusts ](/blog/how-to-put-your-house-in-a-trust) - [New Jersey Inheritance Tax: Who Pays, Who Is Exempt, and How Planning Changes the Math Estate Planning · New Jersey ](/blog/new-jersey-inheritance-tax-explained) [← More from the Legacy Journal](/blog)[Start Your Estate Plan](/get-started) Estate Planning & Legacy Counsel Legacy Counsel by Jacobs Counsel. Fixed-fee estate planning, trusts, wills, and generational wealth strategy for high-net-worth families. 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All rights reserved. Attorney Advertising. Prior results do not guarantee a similar outcome. **Jurisdiction.** Drew Jacobs is licensed to practice law in New York, New Jersey, and Ohio . Estate planning is highly state-specific — laws governing wills, trusts, probate, estate and inheritance tax, and asset protection vary materially by jurisdiction. We represent clients whose residence, primary assets, or business interests are situated in NY, NJ, or OH. For matters involving other states, we coordinate with qualified local counsel. Nothing on this site constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.