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Tag Archive for: will

The Complete Guide on What to Include in a Will

June 15, 2021/in Estate Planning, Resources

No matter the size of your estate, it’s important to have a will. More often than not, there are things that every one of us would like to ensure get taken care of in our absence. Whether it’s children, pets, property, or money, ensuring that everything has a place is going to make it easier on your loved ones once you’re gone.

But what’s included? Where can you turn for help when it’s needed? Are there guidelines you can follow?

We’re here to help. Read on to learn what to include in a will.

Personal Assets

When it comes to wills, personal assets are defined as anything you own that isn’t considered “real property.” This can be anything from a car to clothing, or jewelry, furniture, or cash.

When you’re creating your will, you have to make sure your personal assets are specific. If they’re not, you leave space for your executor to be confused and have trouble determining your wishes.

This leads to the next thing you should have in your will.

Executor

An executor is a person you assign to carry out your last will and testament. This person is going to be responsible for paying off debts or taxes you may owe and then divvying up your estate.

The better the state your affairs are left in, the easier it’s going to be for your executor to carry out your wishes.

Real Property

The next thing that should be included in your will is real property. Real property is anything that falls under land, homes, physical buildings, and even mineral interests.

It’s a bit more complicated to divvy these assets out, but it’s still possible. Hiring a lawyer can be helpful in these cases.

Guardianship

After property, the next thing to consider is guardianship. If you have children or pets, they’re typically going to go to your spouse or next of kin unless you specify otherwise.

If you find that your spouse or next of kin wouldn’t be up for the task, it’s best to send them to someone who could better care for them in your absence. You want to make sure the person you’re choosing for this task knows ahead of time and has given you their approval before making the decision.

Whether or not the pet or child has expensive needs, you can leave money behind to care for them.

If you’re hesitant about letting someone know they’d be the one caring for your pet, it’s important to think about the fact that they might give them up if they think they can’t handle it. As for your child, you want to make sure they’re left with the proper care they would need.

Cancel Any Debts Others Owe You

If you’d like the debts that others owe you to be considered water under the bridge, then you’re going to have to state that in your will. It’s easy to think that your death would rid anyone of these debts, but that isn’t always the case.

In most cases, that debt is simply going to be passed to those who inherited your estate.

Instructions on How to Manage Property

One other thing to include in your will is instructions on how to care for any of your property. This may be particularly helpful to anyone you’re leaving property to.

If there are specific companies that can or do care for your home, then leaving a list of those could prove helpful. Think cleaning services, landscapers, pool cleaners, pest inspectors, and other things of that nature.

If you have plants or other living things, then it could be smart to include how often you water them, what type of fertilizer you use, and how often, or other specific care you perform for the plant.

You can also specify you want your assets sold, and then how you’d like the proceeds distributed.

Things to Not Place on Your Will

While there are plenty of things that are smart to include in your will, there are also things that don’t belong there.

Property in a living trust is one of these things. If you have a living will set up, then the property is going to automatically go to the beneficiary you’ve designated in your living trust and is managed by the state.

Life insurance proceeds fall under the same rule. Those are automatically going to fall to either the beneficiary, your partner, or your minor children. Retirement plan proceeds, like money from a pension, IRA, or 401(K) also should not be included in your will as they contain a section for you to set a beneficiary.

Plans For Your Funeral

More often than not, the settling of your estate won’t happen until after the funeral, so, likely, nobody will even notice that you’ve included your funeral wishes until after the fact.

Instead of leaving any wishes in your will, simply talk to your loved ones about what you’d like. You can also create a separate document outlining any wishes for your funeral. You can give this document to the executor of your estate.

You Know What to Include in a Will… Now What?

Now that you know what to include in a will, it’s time to take the next steps in preparing yours. If the process is confusing for you, or you have a complicated estate, it may be best to turn to a professional for help.

When you hire a lawyer to guide you through the process, you ensure that everything is taken care of and that nothing is done improperly.

De Bruin Law Firm can help with your estate planning. Contact us to get started today.

https://debruinlawfirm.com/wp-content/uploads/2021/05/Last-will-and-testament-with-p-scaled.jpg 1025 1565 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2021-06-15 10:00:382021-05-12 14:09:59The Complete Guide on What to Include in a Will

5 Estate Planning Myths Debunked

November 15, 2017/in Estate Planning

Common Estate Planning Myths

Developing an estate plan involves a process that people tend to postpone until their golden years, their kids enter college, retirement, or the birth of grandchildren.  While these significant life-changes certainly merit reviewing and updating an estate plan, the important financial, health, and family planning goals at the heart of the process are too critical for procrastination.  The notion that putting off decisions about these fundamental issues will not cause problems constitutes just one of many estate planning myths.  We attempt to set the record straight about some of these common misconceptions below:

Estate Planning Myth #1: The only people that need an estate plan are those who are extremely wealthy.

While affluent individuals cannot afford to be without an estate plan, adults from all walks of life can benefit from some form of estate planning.  Although the specific needs of people might differ depending on their assets, family relationships, financial circumstances, legacy succession objectives, and other relative considerations, individuals with modest estates can benefit from financial planning for retirement and college tuition for their children.  New parents can have a will prepared to ensure that a court knows who they want to be their children’s guardian if something should happen to them.  The point to understand is that the scope of estate planning issues involves much more than legacy succession.

Estate Planning Myth #2: Once you have had your estate plan prepared, you can lock the documents away until they are needed.

Although many people see estate planning as an objective to be accomplished, the documents and plan should be periodically reviewed and updated.  In addition to having your estate planning lawyer revisit your situation every 3-5 years, major life events also merit a re-evaluation process.  Life events that might justify an “estate planning checkup” include:

  • Birth or adoption of a child
  • Divorce
  • Remarriage
  • New grandchildren
  • Adoption
  • Retirement
  • Sudden changes in net worth
  • Family estrangement
  • Changes in charitable priorities
  • Blending of a family
  • Relocation to a new state
  • Inheritance of significant assets
  • Founding or development of a business
  • Changes in the law (e.g. changes in the Internal Revenue Code)

Myth #3: Estate planning is a task for people in their golden years.

An individual’s estate planning needs and priorities will change throughout their life, but all adults can benefit from at least a simple estate plan.  Young adults can construct an estate plan to manage their financial affairs or to ensure medical treatment conforms to their priorities in the event of physical or mental incapacitation.  Even teenagers going off to college might want to give their parent a power of attorney to access bank accounts or correspond with medical insurance carriers and physicians. As individuals age and develop larger and more diverse assets, their estate planning needs and objectives will change, which will necessitate a more sophisticated plan.

Myth #4: If I have a living trust, I do not need a will.

While a living trust can avoid the costs and delay associated with probating a will, a comprehensive estate plan should include other documents.  A living trust provides benefits, such as privacy regarding financial affairs and prevention of the delays and costs associated with the probate process.  However, a pour-over will still be needed to cover assets that are never transferred into the trust.  A living trust also does not address medical or financial decisions if you become incapacitated.

Myth #5: A spouse can be disinherited through a will in South Carolina.

When a spouse objects to the terms of a will, the husband or wife can choose to take a spousal elective share of one-third of the estate plan, which includes assets transferred to a trust.  The surviving spouse can exercise this right by filing a petition for the elective share in the Probate Court and the executor of the will within 8 months of the death of the decedent or 6 months of the probate of the will, whichever date occurs later in time.

Common Estate Planning Questions:

  • What Actually Is A Trust?
  • What Are The Components That Make Up An Effective Trust?
  • What Are The Advantages Of Avoiding Probate?
  • Can I Add An Asset To My Trust At Any Time?
  • Do I Need To Have An Attorney Involved In Funding A Trust?
  • What Does It Mean To Actually Fund A Trust?
  • What Is an Estate Plan? What Does It Consist of?

The attorneys at the De Bruin Law Firm understand that estate matters are emotional and stressful. We are available to provide objective advice and guidance to our clients. To schedule a free consultation, call864-982-5930 or use the link below.

ESTATE PLANNING LAW SERVICES

The De Bruin Law Firm is dedicated to providing quality legal services throughout South Carolina.

If you’d like to speak with one of our attorneys call us at (864) 982-5930 or use the button below.

Our Attorneys

Estate Planning and Criminal Defense

Aaron De Bruin, Esq.

Estate Planning and Business Law

Gary De Bruin, Esq.

De Bruin Law Firm

Helping you plan. Helping you prepare. Helping you Protect.

The attorneys at the De Bruin Law Firm understand that Estate Matters can be difficult to understand and plan for. We are available to provide our clients advice and guidance during the Estate Planning Process. To view common fees associated with an Estate Plan please call us at 864-982-5930 or use the link below to view some of our common Estate Planning Fees.

https://debruinlawfirm.com/wp-content/uploads/2019/11/pexels-photo-108070.jpg 1025 1538 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2017-11-15 11:39:282019-12-16 13:25:535 Estate Planning Myths Debunked

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