A well-written will makes it easier for a probate attorney to sort through a person’s affairs, after they have passed, and often leads to avoiding uncomfortable situations. Unfortunately, at times, the dividing of assets can bring out the very worst in people. Add to this the grief of losing a loved one; along with some sentimentality attached to certain objects, and attorneys often find themselves in the middle of angry feuding families. Nobody wants that. A loved one’s passing should be a time of memories, laughter, crying and sharing as a family rather than feuding over material things. However, feuds do happen.

The best way to ensure a family war does not ensue over who gets the china, is to have a well-written and detailed will. A detailed will lays out the division of assets, leaving little room for legal maneuvering. Listed below are a few elements that should always be included in a will, to ensure that it will be executed smoothly:

• Name an executor: An executor is tasked, specifically, with executing or carrying out the instructions in the will – to the letter. This person takes charge of the property and ensures that it is distributed as directed by the will and in accordance with the deceased. As a probate attorney, we also recommend having a secondary executor named, in the event that the initial choice is unable or unwilling to carry out the instructions.
• Direct beneficiaries: Often, when making a will, people like specific items or property to go to specific people. It is important to specify to whom specific property goes. These kinds of specifications are called specific benefits and can include personal property, cash, and even real estate. There are no limits to specific benefits, other than they need a level of clarity when allocating them to a beneficiary.
• Personal and business assets: Remember that personal assets and business assets are often viewed very differently. Business owners tend to have clear set ideas of what they want done with the business, ideas which need to be articulated in the will. As such making sure that there is a clear distinction between what assets are personal and what assets are business related, and then allocated accordingly is important. Laying out clear directions for what should be done with a business can alleviate confusion later.  There are no limitations on who can be a beneficiary to what kind of asset, as long as there is a clear set of instructions surrounding both sets of assets.
• Debts and Expenses: Very few people pass without leaving some level of debt. At the very minimum, the cost of the funeral and probate attorney costs will be lingering. It is a good idea to write, into the will, where the money for these expenses should come from with specific bank accounts and other detailed information. This avoids having any one beneficiary from feeling like they have to bear the entire burden. Estate and inheritance tax should also be covered under debts and expenses.

As a probate attorney, we can help you to plan for what will happen when you pass in order to ensure that all of your assets are distributed according to your wishes.  If, however, you are currently involved in managing an estate and need assistance, we can help with that as well.