You want to make sure you have all your assets covered, but did you know that not all property can be bequeathed through a last will and testament?
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by Michelle Kaminsky, Esq.
Freelance writer and editor Michelle Kaminsky, Esq. has been working with LegalZoom since 2004. She earned a Jur...
Updated on: March 2, 2023 · 2min read
There's no doubt that creating a will is smart estate planning, but not all property can or should be included in a last will and testament. How can you make sure you're including and excluding the “right” assets?
Read on for more information regarding what property you should not include in your last will.
What not to include when making a will
Property that shouldn’t be included in your will is any type that is already subject to laws regarding its distribution upon your death. The most common types of such property include the following:
What to include in will
You may be wondering, then, with all of the property listed above that shouldn’t be included in your will, what exactly should be included? The easy answer is everything else, but generally any real or personal property that will not pass automatically to a beneficiary upon your death should be listed in your last will and testament.
The best way to make sure you're not forgetting anything is to simply sit down and make a list of all of your assets as well as corresponding people you would like to receive them after your death.
Options for making a will
Now that you have an idea of what you should and shouldn’t include, it’s time to get moving on creating a will. Aside from hiring an estate planning attorney, you might also consider making a last will and testament online. Many websites provide services to help individuals write wills online, so this is another option as well.
No matter how you choose to draft your will, the most important thing is that you get started as soon as possible—this way you can give you and your family the peace of mind of knowing that your wishes will be followed after you’re gone.
Create your last will online in as little as 15 minutes. Comes with a $50,000 Peace of Mind Guarantee. Alternately, you can get advice from an attorney through the LegalZoom personal legal plan.
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