When you’re putting together your will, it can feel like you’re trying to cover all your bases. You want to ensure your family and loved ones are cared for and your wishes are clear. But you need to know what you should never put in your will.

But what should you never put in a will? As you consider what to include, it’s equally important to know what to leave out. Knowing what not to put in your Michigan can save everyone time and legal headaches down the road.

Let’s walk through this together so you can feel confident that your plans are solid.

What You Should Never Put in Your Will in Michigan

As you consider creating a legally sound will in Michigan, it’s essential to know that some things simply don’t belong in this document.

Including the wrong information can create confusion, unnecessary legal disputes, or even lead to hurt feelings among your loved ones. So, what exactly should we avoid when writing your will?

Let’s go in-depth and look at ten examples of what you should leave out to help your estate plan flow smoothly and protect your family.

1- Funeral Wishes

You may think it’s practical to include your funeral arrangements in your will, but the probate process takes time, and your will might not even be read until after the funeral.

It’s better to leave those wishes in a separate document or discuss them with a family member ahead of time. That way, your wishes for the ceremony can be honored without delay.

2- Jointly Owned Property Held With Right Of Survivorship

If you own property jointly with someone else, check to see how you own it. These types of ownership automatically pass directly after death:

• Jointly owned property will often automatically transfer to the surviving co-owner. However, you’ll need to own the property with the right of survivorship for this to work.
• Property with a TODD (Transfer on Death) Designation also passes to the named beneficiaries upon death.

Including these types of property in your will can create confusion or legal disputes, as it won’t pass through probate proceedings. Let that property transfer on its own, as intended.

3- Life Insurance and Retirement Accounts

Life insurance policies and retirement accounts, such as a 401(k), typically have named beneficiaries. These assets automatically pass to the designated beneficiary upon death, bypassing probate.

Listing them in your will can cause unnecessary conflict between your estate plan and the existing beneficiary designations. Always check that your beneficiary information is up to date.

Contact us today at The Law Offices of Jarrett R. McCartney to get started creating your last will and testament. We help you create an estate plan that gives you peace of mind for the future.

4- Bank Accounts with a Designated Beneficiary

Much like life insurance, a bank account with a payable-on-death (POD) beneficiary passes directly to the named individual upon your death.

These accounts should be left out of your will to avoid confusion. Make sure your named beneficiaries are who you want them to be. Update them whenever life circumstances change.

5- Conditional Gifts

While it might seem like a good idea to make a gift conditional on a loved one meeting specific requirements, this can create a significant amount of frustration and lead to legal battles. Michigan law may not honor certain types of conditional gifts, and it’s better to avoid putting any conditions that could lead to hurt feelings or legal issues.

If you want to leave conditional gifts, talk with your estate planning attorney about putting assets in a trust. Many contingencies are possible when you appoint a trustee to manage assets for the beneficiaries.

Assets Held in a Living Trust

If you’ve already moved certain assets into a living trust, they don’t need to be mentioned in your will. Trust property is managed according to the trust’s rules, not your will, and including it here may result in duplicate directions.

Your will should complement your trust, not create competing instructions.

Special Needs Financial Support

You want to make sure your loved ones are taken care of, but leaving property directly to a family member with special needs might interfere with their government benefits.

Instead, consider setting up a special needs trust to provide financial support in a tax-efficient manner while maintaining their eligibility for benefits.

Pet Care

While you may want to make provisions for your beloved pets, they aren’t legally binding under a will.

To ensure that your pets are properly cared for, consider setting up a pet trust or make informal arrangements with a family member you trust to handle their care after your passing.

Organ Donation

You might want to state your wishes for organ donation in your will, but your will likely won’t be consulted in time to carry out those plans.

It’s better to include these preferences on your driver’s license or through an organ donor registry so that your wishes are known immediately after your death.

Business Interests

If you own a business, especially one with a co-owner, outlining how others should handle that business interest in a will can be problematic.

Often, business interests should be transferred or dealt with through a separate legal document, like a buy-sell agreement. Be sure to work with an experienced attorney to handle the intricacies of business succession planning.

By considering these examples, you can ensure your will focuses on the right things and doesn’t accidentally create legal complications for your family members and beneficiaries.

How An Experienced Estate Planning Attorney Can Help

When it comes to planning your estate, you want to ensure that everything is set up in a way that protects your loved ones and honors your wishes.

An estate plan is more than just a will. It generally covers all aspects of your financial and personal matters. Estate planning can include powers of attorney, healthcare proxies, healthcare directives, trusts, and more.

Trying to navigate these decisions on your own can feel overwhelming. That’s where The Law Offices of Jarrett R. McCartney can step in to provide the guidance you need.

Tailored Advice for Your Estate Plan

Every family and situation is different. Your estate plan should reflect your goals while protecting your assets in a tax-efficient manner.

Whether you need help creating a living trust, updating your beneficiary designations, or avoiding probate through smart planning, our estate planning attorneys help you make decisions that work best for your unique circumstances.

Navigating Legal Complexities

Michigan’s complicated laws surrounding wills, trusts, and probate proceedings can feel daunting. From understanding how certain assets automatically transfer to ensuring your documents are legally binding, our experienced team walks you through each step.

With legal help, you don’t need to worry about whether your will or trust meets the necessary legal standards—your attorney ensures everything is correct.

Avoiding Unnecessary Legal Disputes

The last thing you want is for your family members to end up in court over disputes about your last will. At The Law Offices of Jarrett R. McCartney, we structure your estate plan to minimize the chances of any legal challenges.

We ensure your intentions are clear and that all beneficiary designations and property transfers align with your wishes. This preparation allows your family to focus on grieving with loved ones.

Keeping Your Estate Plan Up to Date

As life changes, so should your estate plan. Whether it’s adding a new family member, adjusting for a business interest, or setting up financial support for someone with special needs, we help you stay up to date to reflect your current situation.

At The Law Offices of Jarrett R McCartney, we understand how important it is for you to have a secure and well-thought-out estate plan. We guide you through every decision, from crafting your will to ensuring the protection of your family after you pass.

Contact us today to set up a consultation. Get started creating an estate plan that gives you peace of mind for the future.