Writing a will is not something that most people are particularly excited about. After all, no one likes to think about passing away, or even becoming incapacitated and not being able to handle their own affairs. Still, it is an absolutely critical part of financial planning, and it’s vital to ensure you protect those you love and take control over your legacy.
Unfortunately, even if you have written a will, you aren’t necessarily going to have the estate plan that you need and your loved ones deserve. Mistakes and problems can happen when you make a will, and sometimes they aren’t discovered until it is too late.
You don’t want to end up with your legacy undermined because of errors in your will, so be sure to avoid these five common mistakes that far too many people make.
1. Waiting too long to make a will
One of the single biggest mistakes people make is not writing a will at all, or putting it off for so long that it ends up being too late. In one older Gallup survey, only around half of all Americans had a last will and testament. That means millions were lacking this foundational estate planning document.
It’s completely understandable to delay. After all, many people think writing a will is something only older people have to think about. But the fact is that life is unpredictable, and you never know when something could happen to you.
Others end up putting off creating a will because they don’t realize just how important it is to have one or don’t think they need one. In reality, you don’t need to be wealthy or elderly to need a will. If you have kids, own property, or even just have opinions about where your stuff should go, then you should have one in place.
Not having a will means the state decides what happens to your assets, and state intestacy laws might not match up with what you would have wanted. Even worse, if you have young children and you haven’t created a will that names a guardian for them, a court may have to make that decision for you — which is something no parent wants.
So, don’t wait to write your will—just get it done ASAP before it’s too late. You can always revise it later as your life changes.
2. Forgetting to update your will
Making a will is a good first step, but it doesn’t mean you are done forever. In fact, another common mistake involves forgetting to update your will over time as life changes.
Say, for example, that you got divorced, you had another child, or you bought a new house. If your will hasn’t been updated to reflect those changes, it may no longer reflect your actual wishes, and you could end up with an outdated will controlling your legacy.
Since you don’t want to let anything fall through the cracks, a good rule of thumb is to review your will every few years or whenever there’s a major life event such as a marriage, divorce, birth, death, a big financial change, or a move to another state as state laws do vary.
Keeping your will up to date will help ensure your wishes are clear and that you are truly in control of your legacy.
3. Being too vague or general in your will
When you’re writing a will, it can be tempting to keep things simple. For example, you may just want to say that you’d like to leave everything to your kids or divide your assets equally among your family.
Unfortunately, sometimes, that kind of vague language creates more problems than it solves. What if one of your children passes away before you? Should their children inherit their share? Or what if “divide equally” leads to a disagreement because not everything is easy to split 50/50?
The more specific you can be, the better. This means you should:
- List your assets clearly.
- Name beneficiaries using their full legal names.
- Choose a backup beneficiary in case someone you’ve named passes away before you.
Being specific and detailed takes a little more time and thought, but your loved ones will thank you for it later.
4. Not choosing the right executor
Choosing an executor is a big decision, and unfortunately, many people don’t give this choice the thought that it deserves.
Your executor is the person responsible for making sure the terms of your will are carried out properly. That means they’ll have to navigate probate, deal with paperwork, communicate with your family, and manage your assets until the money and property ultimately pass to your chosen heirs.
When you’re picking an executor, look for someone who is reliable, trustworthy, in a position to manage your assets, and who will be able to handle all these issues while coping with grief. Sometimes people default to choosing the eldest child or closest relative, but that’s not always the best choice, so think about who would be best equipped to handle the responsibility, not just who’s closest to you.
You should also make sure to talk to your chosen executor and ensure they are on board with taking on the responsibility.
5. Trying to DIY your will
Nowadays, you can do almost anything online, including writing a will. Sadly, while DIY will templates or online platforms can work for some very simple situations, they’re not always the best option, especially if you have kids, a blended family, property in multiple states, or other complexities involved in your situation.
The reality is, wills are legal documents, and getting the language right matters. A small mistake or a misunderstood clause can lead to big headaches—or even make your will invalid as can failing to follow basic formalities of will creation where you live.
Get help to avoid will mistakes
You don’t want to end up losing control over your legacy or not leaving assets to the right people due to problems with your will, so reach out to Krueger Hernandez & Thompson SC today to talk with a Middleton, WI estate planning lawyer who can help you avoid will mistakes and end up with the legacy you deserve. You can give us a call at 608-824-9540 or contact us online to learn more.
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