A will is one of the most important tools in estate planning, allowing you to have a say in how your assets are distributed and who will care for any minor children. It ensures that your wishes are followed and can help prevent family disputes after you’re gone. Having a properly structured will not only provides peace of mind but also streamlines the legal process for your loved ones. However, while a will is essential, it’s equally important to know what not to include in your will to avoid confusion or unintended complications. There are certain assets and instructions that should be addressed through other means rather than in the will itself.
Here are some common items that should not be included in a will:
Funeral Instructions: Since a will may not be read until after the funeral, it’s better to communicate these wishes separately in a letter or directly with your loved ones.
Specifics on Jointly Held Property: Assets owned jointly with someone else (e.g., joint tenancy or community property with right of survivorship) pass directly to the surviving co-owner and are not subject to the will.
Retirement Accounts and Life Insurance Proceeds: These accounts typically have designated beneficiaries, and they bypass the will. Ensure beneficiaries are updated on these accounts directly.
Trust Assets: Any property held in a trust is governed by the trust documents, not by a will. Ensure you don’t include trust property in your will to avoid conflicts.
Conditions that Violate Public Policy: While conditional bequests are allowed (such as gifting money on the condition of marriage or education), conditions that are illegal, immoral, or discriminatory may be invalidated by the court.
Certain Personal Requests: Items of sentimental or minor value that you want to distribute can be handled separately in a personal property memorandum or through informal instructions, rather than cluttering the will with too many details.
Provisions for Pets: Instead of leaving assets to pets (which is not legally possible), you should set up a pet trust or designate a caregiver for them with financial resources in the will.
Long-Term Care Instructions: These are better suited for an advanced directive, healthcare proxy, or a living will, which allows you to outline your medical care preferences.
By excluding these items, you can make sure your will is streamlined and focused on distributing assets and appointing guardians or executors, avoiding unnecessary complications.
To ensure your will is tailored to your unique needs and avoids common pitfalls, it’s essential to work with a skilled estate planning attorney. At Eastham Law Offices, we guide you through every step of the process, ensuring all aspects of your estate are managed according to your wishes. Contact us today to schedule a consultation and take the next step toward peace of mind for yourself and your loved ones. Call us at 561-395-6800 or fill out our contact form, and we’ll reach out to promptly arrange your appointment.