Important Things Not To Overlook When Preparing A Will

Many people overlook writing a will until something comes up in their life, and when they do write a will, they may forget to include some things. Will & estate planning firms in Miami have the utmost expertise in preparing a will, and they often tell clients when something important has been overlooked.

Here are some of the most important things lawyers for will and estate planning in Miami say not to overlook when preparing a will, which can help your loved ones avoid a will contest in Miami down the road.

1. Ensure the Executor of the Will Knows Where It Is Stored

One of the most common things that will and estate planning lawyers in Miami come across is a family that cannot find the will after their loved one has passed away. If your will cannot be found, it may as well have not been written at all.

If a will has gone missing as a result of a fire, flood, or other disasters, the probate court may accept a photocopied form of the will.

If the will simply cannot be found, contact the lawyers for will and estate in Miami that the deceased used to draft the will for assistance.

2. Appoint a Successor Executor

While the executor to your will should be one of the most trusted people in your life, unforeseen circumstances can occur and there is always a chance that the primary successor fails or refuses to act in such capacity.

Having a backup executor to your will allows the process to run smoothly after you have passed if your primary executor is unable to fulfill their duties.

As an added measure, speak with the successor executor in detail about the duties they would have to perform to make sure they are aware of the circumstances.

3. Keep a Detailed Inventory of Your Assets

As the world continues to evolve, we accrue more and more assets every year. Between checking accounts, savings accounts, investment accounts, credit cards, and digital assets, it can be easy to forget something in your will.

With most financial information stored online, your loved ones may be unaware of any online assets that are not outlined in your will. Will & estate planning lawyers in Miami suggest that a trusted individual has a record of your usernames and passwords for each online account you own.

4. Make Arrangements for Any Pets

While it may seem odd to picture your pet living longer than you, it is a reality for many people. Will and estate planning lawyers in Miami suggest that you appoint a caregiver for your pet in the case that you pass away before them.

Speak to your trusted loved ones to find out who would be willing and able to care for your pet, and consider naming a secondary caregiver as well. If you do not appoint a caregiver for your pet, it may have to be surrendered to a shelter.

5. Include Names of People Who Should Not Receive Anything

If for any reason there is a specific person or people who you do not want to receive anything from your will, make it clear by writing their name.

If your loved ones are going through your assets and belongings following your passing, this person may want to contest the will in Miami, creating challenges for both the executor and your will & estate planning lawyer in Miami.

Without explicit instructions, your property may end up in the wrong person’s hands.

6. Designate Certain Belongings

If you have many close family members such as children or grandchildren, they might have a hard time designating who gets what after your passing.

While it may be a tough conversation to have, speak to each of your loved ones to find out what items are special to them that they would like to have after you pass away. Designating specific items to specific people in your will can save them trouble while sorting through your belongings.

7. Don’t Include Burial Wishes

A common mistake that lawyers for will and estate in Miami see are the afterlife care instructions solely being included in the will. Many families do not even look at the will until days or weeks after their loved one passes, meaning your burial wishes might be overlooked.

If you have specific wishes for your wake, funeral, or burial, make them known to your loved ones before your passing, or write them in a letter that they will see sooner than your will.

While you can certainly feel free about adding your burial wishes in your will, keep in mind that it may not be the first thing your loved ones look at immediately after your passing.

8. Provisions for Older Adults

It is scary to think that you may pass away before any elders that you care for, but will and estate planning lawyers in Miami have experienced it before.

If there are any elders that you are the primary caregiver for, make sure to include them in your will regarding who will be their new caregiver, where they will live, and what assets they will receive.

Why You Need a Lawyer to Prepare Your Will

Many people choose to forgo hiring a lawyer during will preparation because their estate is small, their family gets along perfectly, or they are planning on equally distributing their assets. Even the situations and circumstances that seem the most simple can turn out to be complex challenges that end up as a contested will in Miami.

Appointing the help of a lawyer when preparing your will ensures that you did not overlook anything important and that you understand what will happen during the probate process after you pass away.

Your lawyer will be able to offer you any advice on matters that you are unsure of, and they will get to know your history and the history of your family well to make any recommendations.

It is always better to prepare a will sooner rather than later because you never know when it will come time to need one.