10 Myths About Wills Debunked

Top 10 myths about wills

These common estate planning myths often discourage people from making a will. However, the estate planning process can be more straightforward than you think.

1. Making a will is expensive

Years ago, this myth might have had some truth to it. After all, people didn't have the opportunity to compare attorney prices and services.

Today, however, making a will doesn't have to be expensive, and the internet has truly made finding the right help with your will as easy as it's ever been. The truth is, the cost of a will depends on factors like where you live, the complexity of your estate, and how you choose to draft your estate planning documents.

You can write your own will, work with an affordable estate planning service, or hire an estate planning attorney to advise you through the process for anywhere between a few hundred to a few thousand dollars.

2. Making a will is complicated

Making decisions about the fate of your assets shouldn't be taken lightly, and you should absolutely take the time necessary to figure out what you want. However, putting those wishes into a comprehensive will, complete with advanced provisions, may not be as complex as you think.

If you have minor children, a large estate, and run a business, writing an effective will is going to take more time than it would for someone with a less intricate financial situation. Still, doing the legwork at the outset to find the right option for preparing your will can make a big difference in your overall experience.

Additionally, taking the time to ensure your will is clear will save your family members from a significantly more complicated probate process.

3. Making a will is time-consuming

Actually, you can create a will within several hours or several weeks, depending on the intricacy of your estate. You also don't have to complete it all at once. Start small by making a list of your assets and who you want to inherit them.

Then, make a note of any special circumstances that your will should address, such as minor children, beneficiaries with special needs, and who you would choose as personal representatives of your estate. Once you've gathered this information, consult an estate planning attorney for a clearer picture of your needs and weigh your options from there.

4. Making a will is for the wealthy

It's true that wealthy individuals often need a more elaborate will drafted by a professional estate planning attorney to help them navigate estate tax laws and other legal nuances. However, people in all economic groups can benefit from having a will in place, especially if they have young children. A will is vital to name a guardian in the event of your and your spouse's death.

Additionally, dying intestate (without a will) increases the potential for assumptions and disagreements between family members, even among smaller estates. A comprehensive will allows you to clearly dictate the terms of your asset distribution and name an executor you trust to take control of the process, minimizing inheritance disputes.

5. Making a will is for new parents, the elderly, or people with health problems

Wills are essential documents for all adults, regardless of circumstances, because they allow you to be prepared for anything. In your will, you can provide instructions for your funeral, name a guardian for your pets, and appoint someone to manage your estate, including your digital accounts.

Should something unexpected happen, wills provide a road map on how to proceed, which can save your loved ones time, money, and stress during an inherently difficult time.  

6. Making a will is forever

Having a "last will" doesn't mean that you can only have this one will for the rest of your life. Making a will is an ongoing process, and you can and should update it periodically to reflect any major life events or changes in your and your loved one's situations and relationships. Circumstances change, so your will should too. 

7. If I have a trust, I don’t need a will

Trusts and beneficiary designations are other vital estate planning tools that can significantly simplify the division of your assets. In some cases, they can even save your family members money. However, they don't replace a will.

Trusts allow you to directly transfer certain assets to your heirs to avoid probate court. But, they don't allow you to name guardians for your children or pets, and they may not address all of your assets. For this reason, some people choose to create a pour-over will to supplement their living trust.  

8. If I have a will, I don't need any other estate planning documents

Just like a trust can't replace a will, a will can't replace other estate planning documents. A complete estate plan also includes documents that address financial and healthcare decisions during incapacitation, such as a power of attorney or an advance healthcare directive (also called a "healthcare power of attorney").

These documents allow you to appoint someone to manage your finances and healthcare on your behalf should you become incapacitated, unlike a will, which addresses what happens to your assets and dependents upon your death. 

9. Without a will, everything will go to my surviving spouse

Unfortunately, it's not that simple. If you die intestate, the state will determine what happens to your assets. While courts will typically determine that your spouse should get at least a sizable portion of your estate, they may have to spend more money on legal fees if there is no will. 

10. Wills are universal

For a will to be valid, it needs to comply with state laws. Although most states share common requirements, there is variation. For example, several states don’t recognize holographic wills (handwritten wills). It's best to make sure that your will meets local regulations. If you plan to move to a new state, consult with an attorney in that state to ensure your will meets state laws and that your estate plan reflects your new circumstances.

Start your will today

While you can do it yourself, a will is an important document that can greatly benefit from legal guidance. If you don't think your circumstances warrant hiring an estate planning attorney, consider working with a legal service like LegalZoom.

Since 2001, we've prepared over 3.5 million estate planning documents, including wills. Our wills are state-specific with signing instructions based on your state's laws, so you can feel confident that it will meet state requirements. Plus, our premium plan gives you access to an attorney licensed in your state who can guide you through the process and review your documents when you’re done.

Ensure the long-term financial security of your loved ones by determining the terms of your estate so they don't have to. 

FAQs

Do I need a will if I don’t have much money or property?

Yes, even if you don't have much money or property, you should still have a will. Without one, your loved ones may have to pay more to navigate the probate process, which could potentially deplete your estate entirely. Additionally, a will does more than just distribute your assets. It can name guardians for your children or pets and outline your wishes for your funeral. 

If I don’t have a will, won’t my spouse or kids automatically inherit everything?

If you die intestate (without a will), your state's intestate laws will determine who receives an inheritance and how much. Typically, state courts will divide your estate between your spouse and biological children, but the process may be more expensive for them and may not go the way you would have intended.  

Can’t I just tell my family what I want?

Communicating your wishes to your family is a great place to start, but it won't guarantee those wishes are fulfilled. Your inheritance will still go through probate court and, if you die without a will, the division of your assets and any questions of guardianship will ultimately be up to state laws. 

What are some common mistakes when writing a will?

When writing a will, people commonly make the following mistakes:

• Using the wrong witness. Witness requirements vary by state, but generally, your witnesses must be disinterested adults. That means that a spouse, partner, or child cannot act as your witness.
• Forgetting to update it. After a major life event, it's important to update your will to reflect changes in your circumstances.
• Losing the original copy. While it's also good to have photocopies, probate court will generally require the original copy of your will to acknowledge its legitimacy.
• Not appointing an executor. If you don't name a trusted executor to manage the administration of your estate, the probate court will appoint one for you. 

Michelle Kaminsky, Esq. contributed to this article.