5 Important Things to Consider When Making Your Will
Creating a will is one of the most meaningful steps you can take to protect your loved ones and ensure your wishes are carried out after you’re gone.
A will is an important foundation of any estate plan because it provides clear instructions for what should happen if assets end up in probate. Even with careful planning, certain property may still require court involvement due to how it is titled, outdated beneficiary designations, or unexpected circumstances. A will acts as a safety net by naming who should receive those assets and who should be in charge of handling the estate, helping prevent confusion and unnecessary disputes among family members.
While a will is not a complete estate plan on its own, it serves as a crucial backup plan if probate becomes necessary. Without a will, state law determines how assets are distributed, which may not reflect your wishes. Having a properly drafted will ensures that, if probate does occur, your intentions are known, your chosen personal representative has legal authority, and your loved ones have clearer guidance during an already difficult time.
Unfortunately, many people don’t realize how complicated the estate planning process is or how elder law attorneys can guide them through it. Having a Will is only the first step, so guidance on how to avoid probate is also an important consideration.
Related Post: How to Avoid Probate
A will is a legal document that describes how your property, money, and personal possessions should be distributed after your death. It also allows you to designate important roles such as the executor (known as personal representative in Missouri), the person who will carry out the instructions in your will and, if applicable, guardians for minor children.
However, it’s important to understand that a will does not avoid probate on its own. Probate is the court-supervised process for validating and administering an estate, and a will must be probated before its instructions take effect. Additionally, some assets may pass outside your will entirely for example, retirement accounts and life insurance policies with beneficiary designations.
Because of this, creating a will should be viewed as only one part of a broader estate plan that may also include trusts, powers of attorney, and health care directives.
One of the most critical decisions in drafting your will is deciding who gets what. This includes not only big-ticket items, but also personal items such as jewelry, family heirlooms, artwork, and even digital assets and online accounts. The more detailed and clear you are in your instructions, the less room there is for confusion or dispute later.
When naming beneficiaries, consider what happens if someone you intend to leave assets to passes away before you. You can also name contingency beneficiaries so your property doesn’t end up going where you never intended. These kinds of backups are especially important in blended family situations or when you have complex relationships.
In addition to family members, you may choose to leave gifts to close friends, caregivers, charities, or organizations that matter to you. Clear instructions help the executor manage your estate efficiently and ensure your wishes are honored.
When you make a will, you’ll need to designate someone to serve as the personal representative (commonly called executor). This person will be responsible for filing the will with the probate court, settling debts, paying taxes, and distributing your assets according to your instructions. Your executor should be someone you trust, who is organized, responsible, and capable of handling paperwork and financial tasks during what will likely be a difficult time for your family.
If you have minor children, naming a guardian is one of the most important decisions you’ll make. The guardian you choose will be responsible for caring for your children if both parents pass away while they are still minors. You can also name a backup guardian in case your first choice is unable or unwilling to serve.
If you have minor children, it is essential to plan for their care in the event of your death. A will allows you to name a guardian which is someone you trust to raise your children and make daily decisions for them after your death. Without a named guardian, a court may have to make that decision for you.
Choosing a guardian is a deeply personal decision that should not be rushed. It is important to think carefully about a potential guardian’s values, parenting style, financial responsibility, and willingness to take on this role. Many parents also name a backup guardian to provide additional security if their first choice cannot serve.
Life changes, and so should your will. Major events such as marriage, divorce, the birth or adoption of a child, the death of a beneficiary, or significant changes in your financial situation are all reasons to revisit your will. Experts recommend reviewing your estate planning documents every few years or when a significant life event occurs to ensure they reflect your current intentions and circumstances.
If you need to make updates, you have two main options: You can create a “codicil,” which is a formal amendment to your existing will, or you can draft a completely new will. A codicil is useful for small changes (like updating a beneficiary’s name), but for significant revisions it’s often simpler and clearer to write a new will altogether.
Proper execution is also essential. Missouri law requires that a will be signed in accordance with state rules, usually involving witnesses and sometimes notarization, to make it legally enforceable. Consulting with an experienced estate planning attorney can help make sure these requirements are met.
While this article focuses on wills, thoughtful estate planning usually involves additional tools that work alongside a will to provide even greater clarity and protection:
A comprehensive estate plan, rather than a standalone will, gives you the best chance of honoring your wishes, empowering your loved ones, and avoiding unnecessary legal hurdles later.
According to Caring.com, one in three Americans who have no will or living trust claim they don’t have enough assets to leave behind. Yet, a vehicle and bank account often remain that end up in probate. A qualified attorney can help look through your assets to come up with a plan. Contact the team at Assertion Law Firm LLC and 417 Business & Elder Law today at (888) 887-4170 to learn more.
Creating a will is one of the most meaningful steps you can take to protect your loved ones and ensure your wishes are carried out after you’re gone.
