How to Update Your Estate Plan After the Death of a Loved One

Apr 19 2026

By: John Drapp

Losing a loved one, whether a relative, partner, or close friend, takes time to process. When you're ready, one of the most important things you can do is update your estate plan. A death can leave gaps in your documents that can cause real problems later.

Your estate plan focuses on what happens if you become incapacitated or die, so the death of someone named in it matters. Start by reviewing your documents with these two questions in mind.

Question 1: Was Your Loved One a Beneficiary in Your Will or Trust?

Your will or revocable living trust names who inherits your money and property. It should also name who inherits if your first choice dies before you.

If there is no contingent (backup) beneficiary, the gift to the deceased beneficiary is canceled. That property falls into your general estate and passes under the rest of your will or trust. This can be a bad outcome if the beneficiary had a spouse, children, or grandchildren you would have wanted to benefit instead.

While Connecticut has an antilapse law, it doesn't protect everyone.

Question 2: Was Your Loved One a Decision-Maker in Your Estate Plan?

Your estate plan likely names people to act for you if you become incapacitated or die. If your loved one held one of these roles, make sure a backup is named. If one is, update the document to make your backup the first choice and remove the deceased person's name, so a bank, hospital, or court reviewing it isn't confused. If no backup is named, add a new first choice and at least one alternate.

Executor

Named in your will, your executor collects your assets, pays your debts and taxes, and distributes your property after your death. If your choice has died and no backup is named, the probate court will use state law to decide who serves.

Co-Trustee or Successor Trustee

If your loved one was your co-trustee, check your trust agreement. It may let you continue alone, name a specific replacement, or explain how to choose one.

If your loved one was your successor trustee, nothing changes today. But if you later become incapacitated or die with no successor named, your family must follow the trust's vacancy rules. Depending on the wording and your state's laws, they may need court approval to appoint someone. Because you can amend a revocable trust while you are able, it is best to fix this now.

Agent Under a Power of Attorney

Your financial agent manages your finances if you cannot, such as paying bills, dealing with your mortgage company, or accessing your accounts for your care. If your agent has died and no backup is named, your family may have to go to court to have a judge appoint someone. State law typically favors a spouse or blood relative, who may not be the person you would have chosen. In some cases, it may even be a stranger that you never met. The process is also slow, expensive, and public, exposing details of your condition and your family to the record.

Healthcare Representative

This person makes medical decisions or communicates your wishes when you cannot. Because they act only when you are unable to, it is easy to put off updating this document. But if you are incapacitated without an available representative, your family must petition for a conservator of person before anyone can speak for you. The court may choose someone you wouldn't have, who may not know your wishes about medical care.

Guardian for Your Minor Children

If your chosen guardian has died, update your selection right away. If no alternate is named when your guardian cannot serve, the probate court decides who raises your child, often with limited information about your wishes.

Estate Planning Help in Milford and Cheshire, Connecticut

We understand you are grieving. When you are ready, Drapp Law PLLC can help you start, complete, or update your estate plan. Meet with us in person at our Milford office or by video.

Call Drapp Law PLLC at (203) 871-0356 to schedule an appointment.

This information is subject to the terms of our disclaimer.

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