As a San Diego estate planning attorney, I’ve seen firsthand how even carefully drafted wills and trusts can have significant oversights. While most people remember to address major assets like homes and financial accounts, certain important provisions are frequently overlooked. These forgotten elements can create unnecessary stress, conflict, and expenses for your loved ones after you’re gone. Let’s cover some of the most common we see:
1. Guardian Nominations for Pets
Pets are family members, yet they’re legally considered property. Without specific provisions, your beloved animals may not get the care you would want them to have or may even end up in shelters or with people who don’t understand their needs. When crafting your estate plan, be sure to include not only who should take your pets but also funds for their care.
2. Digital Assets and Passwords
In today’s digital world, your online presence represents a significant part of your life. Consider appointing a digital executor and providing instructions for handling email accounts, social media profiles, cryptocurrency, digital photos, and online subscriptions should you become incapacitated or pass away.
3. Personal Items With Sentimental Value
Family conflicts often arise not over high-value assets but over sentimental items like grandma’s recipe book, family photos, or holiday decorations. I recommend creating a separate personal property memorandum that specifically addresses these meaningful possessions. Relying on your executor or trustee to divide up these assets without guidance invites resentment and conflict.
4. Explicit Disinheritance Provisions
If you intend to exclude someone who might otherwise expect to inherit (like an estranged child), you should explicitly state this intention. Without clear language, the excluded person might contest your will, claiming their omission was an oversight or the result of undue influence.
5. Alternate Beneficiaries
What happens if your primary beneficiary predeceases you? Without named alternates, your assets could be distributed according to state law rather than your wishes. Always include contingent beneficiaries for each bequest.
6. Funeral and Burial Instructions
While these wishes are often communicated verbally, including them in your estate planning documents ensures they’re documented. However, since wills are sometimes not read until after funeral arrangements are made, consider also leaving a separate letter with these instructions.
7. Business Succession Plans
If you own a business, your will should address what happens to your ownership interest. Without clear instructions, your business partners could find themselves working with your heirs in an ambiguous relationship, potentially destroying what you have built.
8. Specific Care Instructions for Minors and Dependents With Special Needs
Beyond naming a guardian, detailed care instructions for minor dependents and especially those with special needs are essential. These might include education, housing arrangements, medical preferences, daily routines, and specific accommodations that nurture and ensure a continuity of care.
Taking Action
While this list highlights common oversights, each person’s situation is unique. Working with an experienced San Diego estate planning attorney ensures your will, trust, and any additional planning tools that may be needed comprehensively address your specific circumstances.
Remember, a will and trust is more than just a legal document—it’s your final communication with loved ones. Make it as complete and clear as possible to provide them with guidance and peace of mind during a difficult time.
Need help creating or updating your will? Contact our office at 619-281-1888 to schedule a consultation where we can help ensure your plan leaves nothing important to chance.