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Dorchester Center, MA 02124
Although writing a will is often not complicated, simple mistakes can be made. One of the biggest mistakes is to put surprises into the document that the heirs are not expecting.
Having the will state that your assets are to be divided equally among your children is not a good idea. A problem may be created if one of the children dies before you do. In that case, the surviving spouse and their children will not receive any of the assets, and the remaining siblings will get more.
A son or daughter may be married to someone who wants control of the finances. If that child dies, the assets may not benefit the grandchildren.
It can be quite a surprise if someone shows up and claims to be an heir, but no one else knows them. They may want an equal share (or more) of the assets, which could cause a long delay in their dispersal.
Some states charge an estate tax and an inheritance tax. Money from a trust and life insurance is usually not taxed and gets distributed much faster than if it must go through probate. You can avoid taxes on life insurance if you name a beneficiary on the policy.
Instead of waiting until you die to pass on your assets, you can give it to your heirs before you die. It will benefit them right away and reduce the size of your estate at the same time.
The possibility of having been defrauded is another reason for contesting a will, which means someone tricked you into signing it. It can also be contested if someone forced you into signing the will, called undue influence.
The best way to prevent surprises in your will is to talk to your beneficiaries and tell them about your plans. It is unnecessary to reveal the details of the money; you only need to inform them that they are in the will. Getting professional counsel from an estate planning attorney can also be helpful.