The Limitations of Wills: 4 Concerns That Cannot be Addressed in Your Will Part 1 of 2
Without a doubt, you should have a will. This document can save your loved ones time and energy after your death. However, wills are not magical edicts that must be obeyed: they have limits. FindLaw.com explains several things that you should avoid when creating your will. We discuss four of them on this blog, two here and two next week.
1. Specifying Your Funeral Arrangements
Leaving instructions for your funeral in your will is placing the hearse before the horse. Generally, funeral arrangements are made well before a will is settled (sometimes before a will is even located). Instead of describing your idea of the perfect wake in your will, just tell your loved ones before you die. If talking about your own funeral feels awkward to you, consider how awkward your loved ones will feel after they discover that the memorial they already held for you did not match your specifications. If you absolutely cannot have this conversation, simply write a separate document detailing your preferred funeral arrangements and leave it with your executor/-trix.
2. Providing Care for a Dependent with Special Needs
If you care for a disabled or special needs person (i.e., your spouse or your adult child), it might seem like you should include provisions and instructions for their care seems in your will. A will is not meant to cover this area, however. Instead, work with your attorney or estate planning expert to set up a trust to manage their continued care. (Side note for parents of minor children: while you can name a guardian of your children in your will, the courts still might have a say in who gets custody: if, for example, your appointed guardian is deemed unfit or unable to care for your children, then the court will choose another guardian.)
Check out our next blog post for the other two situations not covered by wills!
For more information, visit FindLaw.com here: https://ow.ly/3rm330ioV8l
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