What to never put in your will?
Do not put non-probate assets, funeral arrangements, or sensitive personal information in a will because beneficiary forms override wills, wills are often read after the funeral, and probate records are public.
Assets with Beneficiary Designations
- Retirement accounts & life insurance: Accounts like IRAs, 401(k)s, and life insurance policies pass directly to named beneficiaries. The designation on the account legally overrides anything written in your will.
- Jointly owned property: Assets with rights of survivorship (like joint bank accounts or real estate held in joint tenancy) automatically go to the surviving owner.
- Trust assets: Property already properly titled and placed inside a living trust is governed by the trust document, not your will.
Funeral and Burial Instructions
- Timing issues: A will is usually located and read weeks after you pass away.
- What to do instead: Write a separate letter of instruction or prepay and plan with a funeral home, and share these choices directly with your family.
Sensitive Personal Information
- Private data: Do not list social security numbers, bank account numbers, or online passwords.
- Public record: Wills become public documents once filed through the probate court, exposing your private information to identity theft.
Pets and Special Needs Gifts
- Direct pet bequests: Pets are legally considered property and cannot directly inherit money. Leave care funds and the pet to a trusted person or establish a pet trust instead.
- Outright special needs gifts: Leaving money directly to a disabled beneficiary can accidentally disqualify them from government aid like Medicaid or SSI. Use a special needs trust instead.
Conditional or Emotional Statements
- Illegal conditions: You cannot legally require a beneficiary to get married, divorce, or change their religion to receive an inheritance.
- Editorializing: Avoid venting or explaining emotional reasons for disinheriting someone. It invites bitter family disputes and estate litigation.