Wills are essential documents that dictate how your assets are distributed after your passing. Yet, shockingly, only 24% of Americans have a will in place, according to Caring.com. Even those who do might find that their wills contain outdated sections due to changes in estate laws or shifts in personal circumstances.
Attorney Jaclyn Roberson, a senior partner at Roberson Duran Law, emphasizes the importance of revisiting your will following life-altering events. She suggests, "People should review their wills any time they experience a life-changing event after the will has been prepared.” Whether it's the passing of a loved one or the arrival of a new family member, these events should prompt a reassessment of your existing arrangements.
Some retirees make the mistake of including sensitive information, like Social Security numbers and bank details, in their wills. Roberson warns, "Wills can become public record once filed in the probate process, depending on your state.” This means that details meant to be private could fall into the wrong hands.
While some states allow probate records to be sealed, this is not universally the case. Roberson advises caution, suggesting that individuals should avoid including account numbers or personal data in their wills to protect their privacy.
A common pitfall in estate planning is appointing too many co-executors. People often do this to prevent offending anyone, but attorney Somita Basu notes that this can lead to complications. "Seniors often make the common mistake of making multiple children co-executors, so as not to offend anyone," Basu explains. This decision can lead to disputes and a more complex distribution process.
Attorney Nathan Wente adds, "By naming more than one person, you are creating a 'too many cooks in the kitchen' scenario," which can result in higher costs and potential conflicts.
In an effort to avoid conflict, some individuals leave small sums to those they wish to disinherit. However, attorney Allison Harrison cautions that this can lead to challenges during the will's execution. "We see frequently a child, who is estranged from the parents, [who] will challenge a will because they are not mentioned at all or given a nominal amount," Harrison explains.
Instead, Harrison suggests either leaving a clear explanation for disinheritance or offering a substantial enough sum to deter challenges. This approach can save time and reduce legal headaches for those managing the estate.