Don’t include this in your will

On Behalf of | Jan 25, 2022 | Uncategorized

In Indiana, a will is an important document that details how you would like your property and assets distributed after your death. However, there are some things you should avoid including in your will to ensure that it is valid and effective.

Joint property

If you include joint property in your will, it will get distributed to the other owner of the property when you die regardless of who you have named as the beneficiary. This can be a problem if you want to leave the property to someone else.

Trust property

If you include trust property in your will, the trustees will be responsible for distributing the assets according to the terms of the trust. For instance, if you name your children as the beneficiaries of a trust, the trustees will distribute the assets based on the instructions in the trust document, not your will. Remember that including properties in wills that are already in trusts can cause confusion and conflict if the beneficiaries named in the trust do not agree with how you’ve chosen to distribute the assets.

Conditional gifts and property that’s subject to a legal dispute

Gifts that are made conditional on something happening are not valid in a will. For instance, if you say that your gift to someone is only effective if they remain unmarried, the gift will not be valid after your death. Also, if there is a legal dispute over the ownership of property, the dispute may have to get resolved before the property gets distributed according to your wishes. That may create delays and could even prevent your wishes from being carried out.

It is important to remember that wills are subject to interpretation by a court, so it is best to avoid including any ambiguous or contentious language. If you are unsure about whether something should be part of your will, it is best to do your research first.