When considering what you might want to include in your will, you should know some things are better addressed in a different document, or not included at all in your will. Below are two things people commonly include which should not be in your will.
1. Funeral instructions.
Typically, the funeral arrangements are among the first matters of business after someone dies. As a result, if you include your funeral wishes in your Will people may not even notice your funeral wishes until after the funeral. Instead of including your funeral wishes in your will, you can prepare a separate document that spells out your wishes for the funeral. You can designate who will be responsible for making the arrangements.
2. Conditions that are Illegal or Against Public Policy.
While it is certainly tempting to encourage specific behavior in exchange for receipt of an inheritance, a court may not enforce a condition that is illegal or against public policy. For example a gift conditioned on requiring someone to obtain a divorce may not be enforced. Conditions that encourage someone to do or not do something certain things are enforceable. For example, you can condition a gift upon a beneficiary graduating from college, or medical school, or for starting a business. Although you have flexibility to include conditions, keep in mind conditions can complicate matters and make administering the estate or trust more difficult and expensive.
Getting Legal Help
Experienced estate planning attorney Elga Goodman can help you understand all your options for asset preservation and making the most of your estate assets to plan for the future and provide for your loved ones. Call us today at 973-841-5111 to learn more.
Posted in: Estate Planning, New York Estate Planning