Writing a will is a key part of estate planning. It enables you to decide how your property will be divided after you’re gone. Creating a will isn’t as simple as jotting down a few notes about your plans. Common mistakes and oversights can leave your estate open to legal challenges or invalidate your requests entirely. The dos and don’ts below will help ensure your final wishes are respected.

Do: 

Name a trustworthy executor. 

The executor of your estate is the person responsible for settling your debts, closing your accounts, and distributing your belongings to beneficiaries. This role is complex and requires financial and organizational acumen. Choose a trusted family member, friend, or professional with the maturity and skills to meet deadlines and complete the process accurately. 

Talk to an attorney. 

Estate planning is complex, so it’s best to have an experienced lawyer write your will. They’ll identify key assets and prepare a will that expresses your wishes without ambiguity. With profound knowledge of state law, they’ll help you navigate rules surrounding what property can be bequeathed and to whom, as well as tricky areas such as leaving gifts to minors or disabled dependents. They can also safeguard your will in a vault on your behalf. 

Don’t:

Include funeral instructions.

Your will might seem like the natural place to leave your funeral directives, but your family may not review the document until weeks after your service. Instead of putting them in your will, write your wishes in a separate funeral pre-planning document and give copies to your closest family members.

Procrastinate. 

No matter how often you’ve verbally expressed your wishes, the only way to ensure they’re respected is to prepare a will. If you die without proper estate planning, your assets will be distributed to your family members according to intestacy formulas contained in state law, which may not conform to your wishes.

If you’re preparing or updating your will, Louis C. Noto will provide the guidance and expertise you need. Over his 50 years of experience, he’s become one of Rochester, NY’s most trusted sources for estate planning and legal advice. He’ll ensure that your best interests are thoroughly protected. Visit the website for more on the legal services offered, or call (585) 232-1815 to discuss your circumstances.