Common Mistakes to Avoid When Writing Your Will
Jan. 16, 2025
Drafting a will is a deeply personal yet crucial process that can provide peace of mind for you and your loved ones. At Pope and Bogush Attorneys at Law, LLC, located in Clarion, Pennsylvania, I’ve worked with many clients seeking guidance to ensure their final wishes are carried out seamlessly.
As a wills attorney in Clarion, Pennsylvania, I understand that even small mistakes can lead to significant complications for your beneficiaries. Whether you're writing your first will or revising an existing one, being aware of common pitfalls can help you avoid unnecessary stress and legal challenges.
I’m here to guide you through this process with clarity and care. Whether you're writing your first will or revising an existing one, being aware of common pitfalls can help you avoid unnecessary stress and legal challenges. By addressing these mistakes head-on, you can make sure your wishes are honored and your loved ones are provided for in the way you intend.
Failing to Update Your Will Regularly
Life is full of changes—marriages, divorces, births, deaths, and financial shifts—all of which can impact your estate plans. A common mistake I see is failing to revisit and update your will after significant life events.
Outdated beneficiary designations: If your will names beneficiaries who have passed away or relationships that have changed, it can create confusion and disputes.
Excluding new family members: Forgetting to include new children, stepchildren, or spouses can unintentionally leave them out of your inheritance.
Overlooking asset changes: Selling or acquiring property without updating your will can result in assets being distributed contrary to your intentions.
Always remember to update your will on a regular basis, and be sure to name alternate beneficiaries.
Not Naming Alternate Beneficiaries
Many people only name primary beneficiaries in their wills, assuming the designated individuals will always be available. However, circumstances can change unexpectedly.
Primary beneficiary predeceases you: If a named beneficiary passes away before you, and you haven't named an alternate, that portion of your estate may end up in probate.
Disinheriting unintended parties: Failing to specify alternates could unintentionally exclude certain heirs.
Creating unnecessary legal hurdles: Probate courts may need to intervene to determine where assets should go, causing delays and expenses.
Once you’ve named your alternate beneficiaries, don’t overlook guardianship for minors.
Overlooking Guardianship Provisions for Minor Children
If you have young children, naming a guardian in your will is essential. Without this provision, the court decides who will care for your children, and the outcome may not align with your wishes.
Failing to name a guardian: This can leave your children’s future uncertain and potentially contentious.
Choosing inappropriate guardians: Not thoroughly considering a potential guardian’s capacity, values, or location can lead to challenges.
Neglecting to name alternates: If your first choice is unable or unwilling to serve, a backup can assure continuity.
When you complete guardianship guidelines, look over any potential generalized language.
Using Ambiguous Language
Clarity is key in any legal document, and your will is no exception. Ambiguous or vague language can lead to misunderstandings and disputes among your heirs.
Unclear asset descriptions: Failing to specify exactly which asset goes to whom can result in contested claims.
Ambiguous terms: Using phrases like “divide equally among my children” without detailing percentages or specific items can cause conflict.
Inconsistent terminology: Mixing informal and legal language may confuse executors or beneficiaries.
Be specific in everything, including your digital assets.
Failing to Address Digital Assets
In today’s digital age, your online presence and digital assets hold significant value. Overlooking these in your will can complicate their management after your passing.
Unmentioned digital accounts: Social media profiles, email accounts, and cloud storage often require explicit instructions for access or deletion.
Neglecting cryptocurrency: Failing to include keys or access details for digital currencies could render them inaccessible to your heirs.
Forgetting online subscriptions: Without guidance, executors may struggle to manage recurring payments or close accounts.
Don’t forget that your assets need to be in the hands of the right executor.
Choosing the Wrong Executor
Your executor plays a critical role in ensuring your wishes are fulfilled. Selecting the wrong person can create delays, disputes, and unnecessary expenses.
Inexperience with legal processes: An executor unfamiliar with probate laws or estate management might struggle to fulfill their duties.
Conflict of interest: Choosing someone with competing interests can lead to bias or disputes.
Overburdening the executor: Assigning someone already managing significant personal or professional responsibilities may lead to delays or errors.
Choosing the right executor is important, and so is including any contingency plans.
Forgetting to Include Contingency Plans
Life is unpredictable, and your will should account for unforeseen circumstances to prevent complications.
Unforeseen beneficiary issues: Contingency plans make sure your assets are distributed according to your wishes, even if primary beneficiaries are unavailable.
Executor incapacity: Naming a backup executor guarantees someone is available to handle your estate.
Unanticipated changes in laws: Regular reviews can help adapt your will to evolving legal landscapes.
When your contingency plans are included, work with your lawyer to understand your local laws.
Misunderstanding State Laws
Estate laws vary by state, and failing to understand these nuances can invalidate portions of your will or lead to unnecessary taxes.
Improper witness requirements: Pennsylvania requires at least two witnesses to validate a will, according to the Pennsylvania General Assembly. Neglecting this step can render the document unenforceable.
Overlooking spousal rights: State laws may guarantee a portion of your estate to your spouse, regardless of your will’s contents.
Ignoring inheritance taxes: Failing to account for Pennsylvania’s inheritance tax rates can impact the value of your beneficiaries’ shares.
Once you’ve grasped the laws in your state, secure professional guidance to help you with the process.
Writing Your Will Without Professional Guidance
While DIY will kits and online templates may seem appealing, they often lack the nuance and adaptability of a professionally drafted will. An experienced wills attorney in Clarion, Pennsylvania, helps your document meet legal requirements and reflect your unique circumstances.
Generic templates: These often fail to address specific state laws or complicated family dynamics.
Overlooking critical details: A wills attorney in Clarion, Pennsylvania, can identify and address potential issues you might miss.
Increased risk of disputes: Professional drafting minimizes ambiguities, reducing the likelihood of challenges.
When working with a wills attorney in Clarion, Pennsylvania, work with them to determine the best place to store your will.
Neglecting to Store Your Will Properly
Your will’s validity depends on its accessibility and condition. Improper storage can lead to complications when it’s time to execute.
Inaccessible locations: Storing your will in a safe deposit box or an undisclosed location can delay the probate process.
Physical damage: Water, fire, or pests can render a paper will unreadable or invalid.
Failing to inform key individuals: Executors and close family members should know where to find your will and how to access it.
Once you’ve found a safe and secure place to store your will, delve into the background of financial planning during estate decisions.
The Importance of Financial Planning in Estate Decisions
A well-drafted will goes hand-in-hand with thoughtful financial planning. Failing to align these two elements can lead to unintended consequences for your beneficiaries.
Tax implications: Without proper planning, your heirs might face significant estate or inheritance taxes.
Liquidity issues: Ensuring liquid assets are available can prevent the need to sell cherished property to cover expenses.
Unallocated debts: Addressing outstanding debts in your will avoids burdening your heirs with unexpected liabilities.
Once you’re familiar with the importance of financial planning, move to fully understanding the role of trusts.
Understanding the Role of Trusts in Estate Planning
Trusts can be a valuable tool for managing and distributing your assets. Overlooking them as an option may mean missing out on benefits.
Reducing tax burdens: Certain trusts can minimize estate taxes, leaving more for your heirs.
Protecting assets: Trusts can safeguard your estate from creditors or disputes.
Providing for minors: A trust can make sure children receive their inheritance at an appropriate age, under controlled conditions.
Alongside understanding trusts, it’s important to coordinate your life insurance policies.
Coordinating With Life Insurance Policies
Life insurance policies often form a significant part of an estate. Ensuring they align with your will can prevent confusion or conflict.
Matching beneficiaries: Verify that your policy beneficiaries reflect the intentions in your will.
Providing liquidity: Life insurance proceeds can cover immediate expenses like debts and taxes, preserving other assets for distribution.
Avoiding probate: Insurance payouts typically bypass probate, ensuring quicker access to funds for your loved ones.
If you’ve completed everything with your life insurance policy, move on to joint ownership planning.
Addressing Joint Ownership of Property
Joint ownership of property often complicates the estate planning process, especially when it’s unclear how assets will be divided.
Misunderstanding survivorship rights: Joint tenancy often means the surviving owner automatically inherits the property, which may conflict with your will.
Potential for disputes: Jointly owned property may lead to disagreements among heirs if the will’s instructions are unclear.
Tax implications: Mismanaging joint ownership can lead to higher tax liabilities for your beneficiaries.
Once you’ve covered property concerns, it’s important to include any specifics about pets.
Including Instructions for Pets
For many, pets are family members, and their care should be addressed in your will to secure their well-being.
Failing to name a caretaker: Without a designated person, your pet’s future care may be uncertain.
Neglecting financial provisions: Setting aside funds for your pet’s care makes sure their needs are met.
Unclear instructions: Provide specific details about your pet’s preferences, medical needs, and routine.
When caring for your pets, don’t forget to also account for long-term care.
Accounting for Long-Term Care Needs
Estate planning should include considerations for potential long-term care costs, which can significantly impact your assets.
Ignoring long-term care insurance: This type of insurance can help preserve your estate for your beneficiaries.
Failing to plan for Medicaid eligibility: Improper planning may disqualify you from benefits when you need them most.
Underestimating costs: Research and include realistic estimates for care in your financial planning.
If you’re still curious about the specific elements of your will, contact a qualified wills attorney in Clarion, Pennsylvania. Give my office a call today.
Protect Your Legacy Today
At Pope and Bogush Attorneys at Law, LLC, I’m here to help you approach the challenges of estate planning with confidence and clarity. I serve clients in Clarion, Pennsylvania, and surrounding areas, including Jefferson County, Forest County, and Venango County.
Whether you’re creating your first will or updating an existing one, I’ll guide you through the process with care and professionalism. Contact me today to secure your peace of mind and protect your legacy.