What Not to Do When Making a Will

A will, a living will, a last will and testament – no matter what you call it, it’s an essential document in your comprehensive estate plan. A will outlines who will care for your minor children, dictates what will happen to your property, and names an executor to see your wishes through if and when you pass away.

While it may seem simple, things can go awry when making a will. There are many misconceptions about what is and is not included in a will, and making a wrong move could render this important document invalid or otherwise inconvenience your loved ones during the already stressful time after your death.

I’m Paul Margerie, and I’ve seen it all when it comes to wills.

Here are my top tips for what not to do when making your will:

Don’t…write out funeral instructions. In all likelihood, the planning for your funeral will begin before your family has time to access and read through your will. Instead of including wishes for how you want your funeral to proceed in your will, it’s best to have a conversation with family before your passing or write out your wishes in a separate document and give it to a trusted and close family member. You could also give this document to the executor of your will so they know exactly where to access this information when the time comes.

Don’t…include certain types of property. The following types of property should not be included in a will:

• Jointly held property – ownership would automatically transfer to the other owner upon your death.
• Life insurance, retirement accounts, stocks, bonds, or bank accounts that already name a beneficiary.
• Any property that is held in a living trust – this property would already be managed by a trustee and have a named beneficiary.

Don’t…include provision for the care of a relative with special needs. If you are the primary caregiver for a loved one with special needs, your will is not the place to outline instructions for their care. Instead, an experienced estate planning attorney can help you set up a special needs trust to provide for their care and keeping after you pass away. Learn more.

Don’t…leave property to a pet. It is not legal to leave property directly to an animal, even your most beloved pet who has been by your side for years. If you have a pet you want to make sure is cared for after your death, you would instead use your will to name a person who would take over their care and leave any money or property to support the care of the animal to that person.

Don’t…try to avoid probate or estate tax. A will is subject to probate, meaning the contents of the will must be authenticated by the court system before your wishes as outlined therein can be enacted by an executor. Depending on the complexity of your will and whether anyone comes forward to contest it, probate can be a simple or a drawn-out process. If you’re looking to avoid probate, making a trust is a much better option. Property outlined in wills may also be subject to estate tax. This is another area where making a trust may help.

Don’t…go it alone. While you do have options for making your will online, this is where things can go wrong and leave you with an invalid document. Instead, talk to an experienced estate planning lawyer in the Milwaukee area today. Their expertise can help you avoid all the pitfalls that can come with making your own will, and will ensure you have the right documentation in place to protect yourself, your family, your assets, and your future.

I’m Paul Margerie, and I help people just like you in Milwaukee, Brookfield, Wauwatosa, Waukesha, and surrounding communities create wills, trusts, powers of attorney, and comprehensive estate plans.