Did you know that 56% of Americans don’t have a will? Among younger groups, it gets worse: AARP reveals that 64% of Generation Xers and 78% of millennials don’t have one. But how you write your will matters just as much as having one. Before you pen yours, take a look at these common mistakes and learn how to avoid them.
1. You Don’t Have a Will
Maybe you don’t have much money or property. When you’re struggling with student loan debt and basic living expenses, a will is probably at the bottom of your priorities list. Even so, it’s wise to have one – it helps distribute the personal property you do have if you die unexpectedly. Also, you’ll prevent estranged relatives from receiving any assets from your estate. You can inexpensively create a will with an online will maker. Investopedia lists several popular options, along with features and pricing.
2. Your Will Isn’t Legally Valid
Wills must meet certain requirements to be considered legal and binding. After death, a will goes through the probate process to authenticate its validity. At the bare minimum, your will must meet three key requirements: It must be in writing, signed and dated by you, and signed by witnesses. If you handwrite one and stuff it in your sock drawer, your jurisdiction may not consider it valid. Nolo provides more information on written forms, signatures, and witnesses.
3. You Include Funeral or Healthcare Information
Your last will and testament is a legal document instructing how to distribute your property after your death. It’s not the same thing as a living will, which spells out your wishes for medical care if you’re unable to communicate for any reason. And it’s also not where you spell out your funeral wishes. Probate can take anywhere between a few weeks to several years, so no one may know what you wanted until well after you’re gone.
The Federal Trade Commission offers a guide on funeral planning. You can also look at the Funeral Consumers Alliance guide on how to name a designated agent. Meanwhile, Nolo offers some great information on how to create a living will.
4. You Don’t List Guardians for Your Children
Nolo explains that a will lets you name guardians for raising your children and managing their financial interests. Without your instructions, a probate court will decide for you based on your state’s unique formulas. If you aren’t on the best of terms with your parents, siblings, or a former spouse, a will can be critical for your children’s affairs. Even if your familial relationships are amicable, it’s still wise to spell out how your children should be cared for.
5. You Leave Money to Your Cat
Cats can win the lottery in the Sims. But in the real world, they can’t own or inherit property. You can, however, make sure your pets are cared for in your will. Another Nolo piece suggests leaving your pet plus a sum of money to someone you trust. Alternatively, you could create a pet trust. You’ll just need to fund it and name a trustee to handle your furry friend’s care.
6. You Forgot Your Digital Assets
Wills don’t just handle tangible property. Digital assets include photos and login credentials for your social media, financial, and email accounts. Your assets also include any intellectual property you create or own – literary works, music, visual art, patents, and trademarks. If they’re not in your will, a probate court will handle their distribution.
Wills are often an overlooked part of estate planning. It’s easy to think that only rich people have them, but they’re useful for spelling out what happens to your money and dependents after you’re gone. By steering clear of some typical blunders as you write your will, you’ll better ensure your wishes are honored.