- Kathy McNair, Esq.
Four things that are often forgotten in wills and estate plans
Even if you've written an estate plan, are you sure you included everything you need to? There are certain things that people often forget to put in in a will or estate plan that can have a big impact on your family.
1. Alternate Beneficiaries
One of the most important things your estate plan should include is at least one alternative beneficiary in case the named beneficiary does not outlive you or is unable to claim under the will. If a will names a beneficiary who isn't able to take possession of the property, your assets may pass as though you didn't have a will at all. This means state law will determine who gets your property, not you. By providing an alternative beneficiary, you can make sure that the property goes where you want it to go.
2. Personal Possessions and Family Heirlooms
Not all heirlooms are worth a lot of money, but they may contain sentimental value. It is a good idea to be clear about which family members should get which items. You can write a list directly into your will, but this makes it difficult if you want to add items or delete items. A personal property memorandum is a separate document that details which friends and family members get what personal property. In some states, if the document is referenced in the will, it is legally binding. Even if the document is not legally binding, it is helpful to leave instructions for your heirs to avoid confusion and bickering.
3. Digital Assets
More and more we conduct business online. What happens to these online assets and accounts after you die? There are some steps you can take to help your family deal with your digital property. You should make a list of all of your online accounts, including e-mail, financial accounts, Facebook, Mint, and anywhere else you conduct business online. Include your username and password for each account. Also, include access information for your digital devices, including smartphones and computers. And then you need to make sure the agent under your durable power of attorney and the personal representative named in your will have authority to deal with your online accounts.
Pets are beloved members of the family, but they can't take care of themselves after you are gone. While you can't leave property directly to a pet, you can name a caretaker in your will and leave that person money to care for the pet. Don't forget to name an alternative beneficiary as well. In Massachusetts, you can also set up a pet trust. (For more information on pet trusts click here.) With a pet trust, the trustee makes payments on a regular basis to your pet's caregiver and pays for your pet's needs as they come up.
The attorneys at Senior Solutions are can help you make sure your will and estate plan takes care of all your needs.
Senior Solutions, Attorneys at Law, is an elder law and estate planning law firm serving Belmont, Watertown, Waltham, Arlington, Lexington, Newton, Brighton, Allston, West Roxbury, Dedham, Needham, Weston, and the Greater Boston area of Massachusetts. We are caring attorneys, ready to help you. Please feel free to contact us anytime that you have a question related to elder law or estate planning. Please call us at 617-549-7743 or send us an email at email@example.com.
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