Is there anything you should not address in your final will?
A will gives testators (those who make a will) much control over the distribution of their assets even after they have departed the world. When written in clear and concise language, wills can eliminate ambiguity and prevent will contests.
Some things are best left outside of a simple will. Here, you will learn about three things to address with other estate planning components instead.
Animal and pet provisions
Unfortunately, the law sees pets and animals as property, not legal beneficiaries of a will. Instead of passing a million bucks to your beloved schnauzer in your will, create a pet trust to address the continued care of the animals you love. Pet trusts allow animal lovers to designate someone to take care of their pets once they die.
Funeral and burial arrangements
It is unlikely that your beneficiaries, family members and friends will not learn the contents of your will until after your funeral. As such, leaving these instructions in the will is unnecessary and unwise. Instead, create a document containing your burial wishes and give it to your executor or estate planning counsel.
Protections for someone with special needs
You might think that using a will to give your entire estate to a special needs child or relative can protect them for the rest of their lives. Unfortunately, you would be wrong. Receiving a large inheritance in a will usually makes special needs patients ineligible for government benefit programs.
A special needs trust solves the problem of arranging long-term care for your loved one without compromising their government program eligibility. The assets contained in a California trust are typically exempt from probate, another reason not to address such matters in a will.