October 2, 2024
George Veitengruber of Veitengruber Law is a Monmouth County will lawyer with years of experience serving our area. Our team works with our clients to draft custom estate plans that are particular to their specific needs. Every individual will have different needs and goals with their estate plan. For this reason, no two wills should ever look the same. Determining what to include in your will is a critical part of the estate planning process. But what a lot of clients don't know is that what you choose to omit from your will is just as important as what you put in your will. Adding superfluous, conflicting, or complicated directives to your will can cause a big headache for your surviving loved ones—or even negate your directives entirely. With our years of experience crafting estate plans, we understand what is crucial to leave out of your will. Here are some examples of things we suggest you don't include in your will: 1. Confidential Information You do not want to include sensitive details about your accounts, finances, credentials, or data in your will. Once a will is probated in New Jersey, it will be entered into the public record. As such, it will be possible for anyone to access a copy of your will from the Surrogate's Office. For this reason, keeping confidential information out of your will is important. Instead, you can name an authorized executor to take over the management of your accounts. You can also utilize HIPAA releases and medical POAs for sensitive medical information. You should also avoid using your will to reveal any sensitive personal information that may upset loved ones or cause issues among heirs. We have all seen dramatic will reveals in the movies, but those dramas are best saved for the silver screen. Keep your will focused on actual directives and logistical wishes. 2. Overly Detailed Funeral Instructions It is normally very important to loved ones experiencing loss that the final wishes of the recently deceased are carried out exactly as instructed. But when the funeral or burial arrangements laid out in the will are overly particular or simply unrealistic, it can lead to guilt and stress. Funerals are expensive. Even a standard funeral can cost thousands of dollars. Keep the budget of your loved ones in mind as you detail your desires for a service and burial. While your estate may eventually pay your loved ones back for the expense of your funeral, these costs typically come out of pocket initially. You should also keep your instructions simple. It's fine to include general desires indicating your preferred burial plot, style of service, or any readings or music that are important to you. But leave the details about party size, catering, decorations, and such to the living. Most people who are grieving will not have the emotional or mental bandwidth to plan an overly extravagant affair. Keep it simple in your will and talk about your expectations with your family and friends while you still can. 3. Property With Existing Beneficiary Designations Non-probate items that already have beneficiary designations do not need to be included in your will, and in fact, most estate planning attorneys recommend that you leave these items out of your will. These non-probate items typically include life insurance policies, 401(k) plans, IRAs, and pensions. These accounts require you to designate an heir at the start of your policy. The designations you file with the account paperwork will override anything you put in your will. For example, even if you put in your will that you want your life insurance proceeds to benefit your children, if your ex-wife is the beneficiary on file with your life insurance company, that is who the proceeds will go to. Account-specific beneficiary designations will bypass any designations in your will for these accounts. 4. Joint Property New Jersey is a community property state, meaning that marital assets are owned jointly regardless of whose name appears on the account, title, deed, etc. Because you cannot distribute an asset that already belongs to your surviving spouse, you do not need to include these assets in your will. You can give this person your HALF of any shared assets in your will, making them the sole owner of that property, if you choose. However, you cannot give jointly owned property to a third party through your will. If you intend to split joint assets to children from another relationship after both parents pass, this must be artfully detailed through a living trust, not just your will. A New Jersey estate planning lawyer should always handle this kind of complex inheritance to ensure that you are protecting your assets and your loved ones. Otherwise, you could put your assets in jeopardy. 5. Unusual or Overly Complicated Conditions on Gifts Most wills include requests for personal property and gifts to go to family, friends, or even beloved organizations that champion causes close to the deceased's heart. However, you should take care when applying conditions to these gifts. Rigid requirements surrounding inheritances can put your loved ones in a tough legal position and even negate your will directives. For example, you would be advised against including a clause that your grandson must use 80% of his inheritance for college tuition. If your grandson chooses not to attend college or gets a scholarship that covers tuition, he will be unable to access the vast majority of his inheritance. Conditional gifts can also open the legal floodgates as different heirs may interpret specific instructions differently. This can lead to probate disputes and heartache for all involved. Instead, discuss your expectations with your heirs while you are living to motivate the use of your assets in ways you approve of once you are gone. 6. Direct Pet Bequests Many folks are shocked to find that while they consider their animal companion part of the family, the state does not. In New Jersey, pets are legally considered personal property, not legal beneficiaries that can inherit property. Therefore, naming a pet the beneficiary of your accounts will not hold up legally and can lead to major battles over your assets. Instead, you can work with an attorney to develop an estate plan that includes a pet trust. This will allow your funds to flow into the trust so that the guardians you choose for your beloved pet can financially cover the cost of their care. If you include a named guardian for your pet in your will, you should discuss this responsibility with them beforehand. 7. Business Interests While you can indicate in your personal will what you want to happen to your business when you are gone, you should not rely on your will alone to outline ownership succession. Your business needs to have operating agreements or business trusts to organize the structure of ownership if a founder or owner unexpectedly passes. Business enterprises can become vulnerable to litigation in the probate process when they are included in personal wills. Hiring a skilled estate planning attorney with business understanding is critical to help protect your life's work and ensure your business continues after you do. Veitengruber Law has the experience and legal knowledge to safeguard your assets and help you secure a lasting legacy. We can help protect your loved ones and fulfill your wishes. For more information about this, contact us at Veitengruber Law.