While there are many new and exciting ways to plan for an estate, the will undoubtedly reigns as the main ingredient in any plan. Most people understand how important it is to create a will, but there are some issues that may be better addressed using some other means. Read on for some guidance on what not to include in your last will and testament.
Where will you be buried? Many people have already decided on their final resting place, and lots of those also have some ideas about how they want their funeral service to proceed as well. Planning ahead is a very good idea; it lifts some of that burden from your loved one's shoulders and ensures that your wishes will be followed. When it comes time to state your wishes, however, your will may not be the best place to do so.
You cannot absolutely depend on your will being located or read prior to your burial and funeral. For example, if you leave your will in a bank safety deposit box you are relying on the bank being open in time to retrieve it and follow your burial instructions. Rather than using your will as a means to communicate your burial wishes, do so in a separate and easily located document. To take that a step further, consider making the arrangements with the funeral home directly with a prepaid plan.
You want to leave a bequest, but with conditions. It's not uncommon for people to add comments, directions or conditions to bequests, but you should think carefully before you do so and consult closely with your estate planning attorney. For example, you may want to leave money to your granddaughter, but you want her to use it to pay for her educational expenses and nothing else. In some instances, your conditional bequest may be invalid, which could cause your will be to held up in probate. Instead, keep your will simple and communicate your desires directly with your loved ones before your death.
You want to provide for your beloved pet. Pets are really a part of the family, but unfortunately, the law sees pets differently. For the sake of the will, you must consider your pet part of your property instead of leaving the property for the pet. You cannot, for example, leave money to your pet to ensure its continuing care, but you can leave money (and the pet) to a trusted person who will care for it as their own.
Contact a lawyer like David R Webb Attorney for more information and assistance.