When we think about writing a will, it’s natural to focus on what we want to include. But there are some things that shouldn’t appear in your will, and knowing what to leave out is just as important as deciding what to put in. So, what you should never put in your will includes a few clear-cut answers.

We all want to make sure our loved ones have clear guidance and fewer headaches after we’re gone. Including certain items in your will can actually create confusion, lead to legal complications, or even invalidate parts of your wishes.

So, let’s break down what should stay out of your will and explore why it’s better to handle some matters in other ways.

Creating a Last Will in North Carolina

Understanding the Basics of a Last Will

Creating a last will is more than just writing down who gets what; it’s about making sure your wishes are followed and your loved ones are cared for. In North Carolina, the process involves a few important steps to ensure your will is legally valid and reflects your true intentions.

Let’s walk through what it takes to create a last will in North Carolina, step by step.

Determine What to Include in Your Will

Before putting pen to paper, you need to think about what you want your will to cover. Do you want to distribute property, designate guardians for minor children, or leave specific instructions for personal items? Make a list of your assets and think about who you want to receive them.

This planning phase is crucial, as it helps you clearly outline your wishes and makes drafting the will easier.

Choose an Executor

An executor is the person responsible for carrying out the instructions in your will. It’s important to select someone you trust, who is capable of handling legal and financial matters. In North Carolina, the executor doesn’t need to be a legal or financial professional but should be someone who understands your wishes and can carry out tasks efficiently.

Talk with the person you choose to ensure they are willing to take on this responsibility.

Draft Your Will Following North Carolina Requirements

North Carolina law has specific requirements for a will to be considered valid. The will must be written (typed or printed) and signed by you, the testator. Additionally, at least two competent witnesses must sign the will in your presence. These witnesses should not be beneficiaries in your will, as doing so can complicate the process.

Make sure each signature follows these guidelines to avoid potential legal issues later.

Consider Adding a Self-Proving Affidavit

Adding a self-proving affidavit to your will can simplify the probate process. This affidavit is a sworn statement by you and your witnesses confirming the will’s authenticity. In North Carolina, the affidavit isn’t required, but it can help your loved ones avoid delays or additional court procedures.

To include one, both you and your witnesses must sign the affidavit in the presence of a notary public.

Contact Capital City Estate Planning for a FREE consultation and create a will and other estate planning documents to meet your unique needs. Let’s work together to secure a bright future for you and your family.

Store Your Will in a Safe Place

Once your will is finalized, you need to keep it in a safe location where it can be easily found when needed. Consider storing it in a fireproof safe at home, a safety deposit box, or with your attorney. Let the executor know where the original will is kept to avoid any confusion.

Keeping it in a secure yet accessible place ensures that your wishes will be followed without unnecessary delays.

Review and Update Your Will Regularly

Life changes, and so can your wishes. It’s a good idea to review your will every few years or after major life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation.

In North Carolina, updating a will involves creating a new one or adding a codicil to the existing document. Regular updates make sure your will always reflects your current intentions.

What You Should Never Put in Your Will

What you should never put in your will? Not everything belongs in your will. While this document plays a vital role in your estate plan, including certain items can lead to unintended consequences, legal disputes, or even invalidate parts of your wishes.

Let’s take a close look at what you should keep out of your will to ensure your estate is distributed in a legally sound manner and your loved ones are spared any unnecessary complications.

Non-Probate Assets Passing Directly to a Designated Beneficiary

Some assets, like retirement accounts or life insurance policies, come with beneficiary designations that allow them to bypass the probate process. Including these assets in your will can confuse or even contradict the named beneficiaries.

For example, if your will says to leave the proceeds from your life insurance policy to one person, but the policy lists another person as the beneficiary, the insurance company will honor the designation on file, not the one in your will.

It’s best to keep these types of property separate from the instructions in your will and make sure your beneficiary designations are up-to-date.

Jointly Owned Property

Property held in joint tenancy, such as a home or joint bank account, automatically passes to the surviving co-owner when you die. Including it in your will might lead to misunderstandings or legal complications.

In North Carolina, state laws ensure that joint assets are transferred directly to the surviving owner without going through probate proceedings.

Suppose you want to address how a co-owner manages the property after your death. In that case, you may need to use a separate legal document or work with an estate planning attorney to create a more comprehensive strategy.

Funeral and Burial Instructions

Although it’s natural to want to outline your funeral wishes in your will, this approach can be problematic. Often, the will isn’t read or reviewed until after the funeral takes place, making your instructions too late to be helpful.

Instead, consider creating a separate document specifically for funeral arrangements or sharing your wishes with family members ahead of time. This way, your loved ones can carry out your requests promptly without having to search through legal documents during a difficult time.

Conditional Gifts That May Be Difficult to Enforce

You may feel tempted to leave conditional gifts in your will, such as stipulations that a beneficiary must achieve certain milestones before receiving an inheritance.

While it’s possible to include conditions, be cautious about adding too many restrictions. Conditions that are too vague or difficult to enforce can make specific provisions invalid, potentially leading to legal disputes during the probate process.

To ensure your wishes are legally binding, it’s best to work with an experienced attorney who understands North Carolina estate planning laws.

Certain Types of Personal Property With Access Codes or Ownership Complications

Items like safe deposit boxes, online accounts, or property that requires special access codes can be tricky to manage through a will. Including sensitive information in a public document like a will may expose your assets to security risks.

Instead, you can leave instructions for accessing these assets in a secure, separate document and share the details with your executor. This approach offers legal protections for your significant assets without compromising their security.

Assets That Should Go Into a Trust for Wealth Preservation

For certain assets, setting up a trust may be a better option than listing them in your will. If you have substantial real property, business interests, or other valuable assets, a trust can help you avoid probate and distribute your estate in a tax-efficient manner.

Trusts also provide a way to manage active business interests and protect your wealth for future generations. Consulting with a law firm experienced in trusts and estate planning can help you decide whether to include trust property in your overall estate plan.

Government Benefits That Require Special Handling

Leaving money or assets to a loved one who relies on government benefits, such as Medicaid, can unintentionally affect their eligibility for assistance.

In these cases, consider setting up a special needs trust to provide financial support while preserving access to benefits. A will alone cannot address personal issues related to government benefits as effectively as a specialized legal document can.

Specific Items of Sentimental Value or Low Financial Worth

While it’s important to think about who should inherit your personal belongings, listing every single item in your will can make the process cumbersome.

For smaller, tangible personal property with sentimental value, consider creating a personal property memorandum that accompanies your will. This document allows you to outline who should receive specific items without the need to amend your entire will each time you make a change.

Estate Planning for a Bright Future

At Capital City Estate Planning in Raleigh, NC, we believe in preparing for the future so you can focus on living your life today. Crafting a comprehensive estate plan not only protects your assets but also ensures your family knows exactly what to do if the unexpected happens.

Our approach to estate planning covers everything from drafting wills and trusts to setting up healthcare directives that reflect your wishes.

Personalized Plans for Your Unique Needs

No two families are alike, so why should their estate plans be? We work closely with you to understand your situation, your goals, and any unique challenges you face.

Whether you want to establish a trust to safeguard your assets or prepare powers of attorney to manage your financial and healthcare decisions, our team guides you through each step.

We aim to create a legally sound plan that fits your life and offers peace of mind for your loved ones.

Avoid the Probate Process and Preserve Your Assets

Navigating the probate process can be complicated and time-consuming, especially during an already difficult time. We help you minimize the assets that go through probate and preserve your estate’s value for your beneficiaries.

By setting up trusts and other strategies, we help keep more of your assets in your family’s hands while avoiding unnecessary delays and costs.

Plan for the Unexpected with Healthcare Directives

An effective estate plan also includes provisions for your healthcare if you become incapacitated. We assist you in creating living wills and healthcare powers of attorney to ensure your medical preferences are respected.

These directives provide your family with clear guidance, reducing the stress and uncertainty that often accompany serious health issues.

Start Your Estate Plan Today

The best time to start planning is now. Don’t wait until it’s too late to protect your loved ones and your future.

Contact Capital City Estate Planning for a FREE consultation and create a plan that meets your unique needs. Let’s work together to secure a bright future for you and your family.