Eight Things NOT To Put In Your Will

--

Sometimes people put provisions in their last will and testament when they should not have. While sometimes we see inappropriate provisions in wills that attorneys prepare, most of the time these mistakes are made by people who handwrite their own will in a state that permits people to write a valid handwritten will.

Some of the things that get written in wills, that shouldn't, include funeral arrangements, organ donation, IRA bequests, life-support machine decisions, bequests of assets in trust, bequests of assets held in a company, or long explanations of reasons why a bequest is being made.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney

[garry]

I became the executor of my Great Aunt's estate. OMG. What a pain. I still have family that won't talk to me several years later. They simply did not understand that it wasn't MY money. Some of it went to relatives BY LAW that hadn't visited her in decades. Closer family to her threw a fit and blamed me for following the LAW. Unreal how they wanted me to commit fraud with hundreds of thousands of dollars. They'd say things like NO ONE will find out cause they didn't come around to visit. I was like SORRY not taking that chance and going to prison for ya!

[tigressnsnow]

1. Funeral Arrangements
2. Organ donation
3. Designation of your IRA account
4. Life Support decision
5. Trust Assets
6. Assets in an LLC
7. Reasons why you left that bequest
8. Life Insurance & Annuities all have beneficiaries when bought

[rivaridge]

Great advice - thank you! I am not a wealthy person, but am comfortable. As a single person who never had children (I never hear from neices/nephew - even though I was great to them when they were quite young) it is my intention to blow through every penny I have. My pensions cover monthly general expenses - I will not be made homeless. I am planning some wonderful trips - and always have a blast at the local race track. Cheers to all!

[SueW]

As a paralegal in practice specializing in Estate Law, another suggestion for someone preparing a Will is to not include jewelry/furnishings/etc. as a specific bequest. First off, after your death, the executor must have the jewelry/item appraised. The evaluation of those items subjects the will to further probate, prolonging the settlement of the estate. Also, we have seen where the particular piece left to a beneficiary has long since been lost or gone missing. Now the beneficiary wants another replacement item, but Sis already took it from the house, etc! We suggest that a separate signed and notarized letter for the executor be placed in an envelope with the Will outlining who gets what jewelry or furniture/painting etc. Better yet, just gift it to your loved one while you’re still alive and you can take pleasure in seeing them enjoy it.

[amazinggrace]

My daughter, Laura, died in 2019. She was 32 years old and had battled various medical woes since age four. One thing that kept her going was her desire to donate her body after death so researchers can learn how to help people like her. So we donated her organs and then sent her body to a research lab. Laura made her wishes very clear and repeated often. Make sure your family knows! 💕🐝🇺🇸

[Bella-gjwc]

My dear husband died very suddenly (3 weeks to the day following Achilles’ tendon repair surgery) in 14 minutes 7 years ago. 4 days before he died he saw a bill board about cremation. He said “honey, when I go, take me there. Do not spend 25, 000 on a funeral”. So, when he died it was a very simple process, and very cheap too. We also had wills, which was a blessing, as this marriage was a second one for both of us. He had told me of personal monies he wanted me to give his adult children, which I have honoured. Death of a spouse can really take its toll on you, and it will take quite some time to get your feet under you. Be patient and don’t forget to breathe! 😉

[ms.krueger]

My Mom took care of everything before she passed away. She signed over her property to me. She signed over her home to my brother. We divided any money that was left after she passed. She had her burial all arranged. Her Will was all done. She told me many many times what she wanted done. Some of it was not in writing. It was easy. Hope to make it easy on my sons.

[Amarianee]

For anyone who wants to know: DNR, burial arrangements, all of your end of life decisions, can be a living will (like he said) OR what's also known as an Advanced Directive. You can literally download your state's Advanced Directive form from most state websites, fill it out, and have it notarized. Very easy, and will save everyone a lot of headaches.

[iamalan]

I was the executor of my brother's estate. He had life insurance from several sources, his business banking, his union chapter, his personal checking, etc. Problem was that he named the recipient when he got the policies and had the habit of naming his girlfriend at the time. And he never changed the beneficiaries. As a result, I had to track down an ex-wife and three ex girlfriends from the past 25 years to tell them they had money coming. It was hilarious. Each one said "I knew I was the one!" True story.

[crippleguy]

My dogs get everything . They treated me better anyway .

[rubyruby]

If I have anything left after working my butt off my entire life I will leave some to my kids but the rest of it will go to a guy rescuing/feeding street dogs in Thailand. He's an Irish guy with a heart of gold. His name is Niall Harbison and he's an amazing person. He's found purpose and meaning in his life and I'll support his endeavors.

[roseelley]

I was the executor of my best friend's estate. The woman he was seeing (whom he left nearly everything he had) did not want to pay for his cremation, internment, his services, or his obituary. It was a very sad sad state of affairs. Eventually she could not refute paying for his cremation and internment - but she did not want him to have a service or an obituary. He lives on in the hearts of his friends - but there is no documented trail of his life and there was no coming together to celebrate the amazing man he was and the life he led. You would think an executor could go ahead with these things but be it know that unless you document what you want to happen in your will or trust, the main heir will have more power than the executor regarding how money is spent. An executor can not spend money on anything not specifically documented. And, in our case when my friend said he "wished" for something to happen, this woman's attorney said that a "wish" is not the same thing as a declaration and thus wishes do not need to be honored. She won this point.

[nicholasoppenheimer]

I appreciate people like yourself who selflessly offer their expertise as a service to others because you genuinely want to help them avoid problems they probably don't even know exist. If the world was filled more with humans of your caliber and less with the money-grubbers and power mongers I might want to live to be 100 years old. You just pushed me up to 85. Thank you, sir.

[GG-ydzd]

This is so funny. When I worked in the ER I took care of a very good 80+yo retired music teacher. She was wonderful and sharp as a tack. She insisted on signing a DO NOT RESUSCITATE order. I asked her if she was sure, yes she said. Well on the elevator ride up to the ICU, she coded. I didn't think of her last wish, I immediately started CPR, shocked her and turned her over to the ICU staff. She lived, the next day I went to visit her, she took my hands into hers and thanked me repeatedly for not honoring her DNR request. Lol
What a great lady!

[northernsilverstacker]

My Grandmother had a ledger that she kept of all my Grandfathers jewelry and personal effects after he passed. As she gave items away to family she had them sign the ledger, along with herself and a witness and a description of the item(s) and the date given. After my grandmother passed, one of her sons tried to go after all the family members to get all the items back. I had received my grandfathers wedding band and a few other keep sakes, in the end he got nothing but to this date I still shake my head when I think of it, that was was 26 years ago.

[hirambond]

Your videos are brilliant. I work so hard to get my friends to get their paperwork in order and get their trusts in order. They just avoid it. It’s like they don’t want to think about it! I am 63 years old and we are not getting any younger. Thank you so much for your brilliant content. You also speak quickly but clearly and you are a very interesting speaker. That helps to absorb the information. Much more! Thank you!

[michellem]

The key takeaway is to annually review and update the beneficiaries on all accounts and policies. 🤷🏻‍♀️

[Sharolynn]

1. Your Funeral Arrangements 2. Organ Donation 3. IRA Designation 4. Life Support Machine Decisions 5. Trust determines where Trust Assets go 6. LLC Assets 7. Reasons why you left a bequest 8. LIfe Insurance and Annuities

[connielentz]

I realize listening to this that we were lucky to have a really good estate lawyer when my in laws died. She was also the trustee for my disabled brother in law. Before her we had a law professor do their wills and he really messed up, by not paying enough attention. A big name does not guarantee a good result. But now she has retired, it’s time to redo our wills and I’m hesitating about who to hire. My sons unfortunately do not get along and my biggest goal is to be sure their limited relationship is not further damaged. Life is complicated but it seems that death is even more complicated.

[kristend]

Re: Organ donation. Make sure you know about the agency who runs the organ donation program in your jurisdiction. Some are very much about the profit, and will SELL your body parts to labs, and nothing goes to someone who actually needs it. In my locality - there was a huge scandal about this several years back.