What A Will Can’t Do
Thursday, September 9th, 2010A will is a simple and inexpensive way to address many estate planning needs. However, a will can’t do it all. A will cannot handle certain issues or the transfer of some types of property.
The following are a few examples of property you should not expect your will to cover:
- Proceeds of a life insurance policy or funds held in a retirement account for which you have named a beneficiary. This property will pass directly to the named beneficiary upon your death regardless of any provisions in your will leaving your estate to someone else.
- Property you own in joint tenancy with right of survivorship, such as real estate. Your share of the property will automatically belong to the surviving co-owner at your death.
- Funds held in a payable-on-death (POD) or transfer-on-death (TOD) bank account will be transferred directly to the beneficiary you have named upon your death.
- Real estate for which a transfer on death deed (TODD) has been filed. This property will pass to the beneficiary named on the deed.
- Property that you have transferred to a living trust will be governed by the terms of that trust and not your will.
A will also does not address what happens if you become incapacitated during your lifetime. A will does not give anyone authority to act on your behalf when you are alive. The proper place to appoint a person to handle your financial affairs is in a power of attorney. A health care directive is the appropriate document in which to name a trusted person to make health care decisions for you as well as to spell out your wishes regarding things such as life sustaining treatment, burial or cremation of your body, organ donation, and funeral or memorial services.
If you expect your estate to owe state or federal estate taxes, you may want to take steps now to reduce the tax liability. A will does not help you avoid taxes. There are many kinds of trusts that can be utilized in tax planning. In addition, a will does not avoid probate.
Although a will can do many things and should be considered an essential component to your estate plan, it cannot cover everything.