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Differences in State Laws

Some states have laws that your surviving spouse is entitled to a fixed share of your estate, regardless of the provisions in your will. In other words, a surviving spouse cannot be disinherited. Some states limit the amount you bequeath to a charity. Many states allow an oral statement to replace a written will, and many others recognize video wills as well. If you have children, you can consider adding a minor child's trust to your will. This trust provides financial support for your children, independent of any financial support they receive from your surviving spouse. Your unbundled provider attorney will discuss with you details of your personal circumstances and how to draft a will to protect your wishes and the rights of your beneficiaries.

Exceptions to a Will

If you have a life insurance policy, you cannot use your will to change its beneficiary. Life insurance companies distribute your policy's benefits to the beneficiaries you name almost immediately and it is virtually impossible to challenge that payment on the basis of different beneficiaries in a will.

Also, if you own property or other assets jointly with your wife or anyone else {joint tenancy}, and there is a right of survivorship provision with that ownership, that part of your estate will likely be exempt from your will's probate process. The reason is that upon your passing, ownership is legally passed to your partner, and therefore is not recognized by the court as part of your estate.

There are other provisions involving joint tenancy that involve exceptions, causing them to be recognized as probate assets and subject to the terms of your will. You should get legal counsel from your unbundled provider attorney and clearly determine whether joint ownership of your property can be included in your will.

Get The Guidance You Need to Protect Your Estate

It is important to have legal counsel review the terms and details of your last will and testament. With a will, your estate comes under the review of probate court. Your meaning and intentions may be clear in your mind, but if they are not legally permissible and written according to the law, the court may disregard your intentions entirely, and possibly distribute your assets in ways you do not intend. There are ways to legally anticipate possible contests from beneficiaries, and take steps to avoid them. You can go over your own personal circumstances with your unbundled provider attorney, and write your will in a way that protects your wishes and the rights of your beneficiaries.