3 mistakes to avoid when creating a will

On Behalf of | May 17, 2024 | Estate Planning

A will is an important aspect of estate planning, as it ensures the proper distribution of your assets after your death. However, without appropriate planning and consideration, you may accidentally make mistakes that lead to unintended consequences. Whether you are creating a will for the first time or revisiting an existing one, you should be thorough and careful to avoid these potential errors.

Not regularly updating your will

Consistently review and update your will to reflect changes in your life, such as additional assets, new family members and changes in your financial situation. Failure to update your will may lead to consequences like disinheriting a child or benefiting an ex-spouse. Additionally, laws in each state may change, and you need to update your will to ensure it is still valid and effective.

Not being specific when drafting your will

When drafting your will, be clear and specific regarding asset distribution and always appoint an executor. Executors are responsible for conducting the instructions in the will, including distributing assets, managing the estate, and paying debts and taxes.

Without an executor, the probate process may lead to complications or a delay, causing stress and uncertainty for the deceased’s loved ones. Additionally, the court may appoint someone to serve in this role if there is no executor.

Forgetting to consider tax implications

Taxes can significantly impact the distribution of your assets after you pass away. For example, if you own a business or have investments, you must consider your tax implications when creating your will. Additionally, if you have a large estate, you may need to pay estate taxes, which can affect the distribution of your assets.

Estate planning involves legal paperwork and can be confusing to some. A legal professional may provide invaluable guidance to avoid these potential mistakes and ensure your will is valid, effective and reflects your wishes.