What is Digital Estate Planning and Why Do I Need it?

5 Things You Shouldn’t Include in Your Will

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M. Funeral Plans.

Although it could appear enjoyable to memorialize your want to be cremated and became a properly-reduce diamond, your will is not the very best place for burial preferences.

Your physique technically is not property, so it can’t be part of your property. You can attempt to embrace burial preferences in your will, however as a result of your physique is not beneath your property’s management, your needs will not be carried out in keeping with your plan.

A good various is to debate funeral plans forward of time along with your and organize for companies to be paid out of your property — this may be carried out in your will. But be cautious of pre-paid funeral plans.

P. Your ‘.’

If you died at this time, you’d possible depart behind a sizeable quantity of “property” in your digital estate. This consists of iTunes purchases, eBooks, and gadgets in different cloud-based mostly on-line accounts.

This space of regulation is prone to be extra refined in the long run, however for the second, your digital bequests are unlikely to be enforceable. You could, nevertheless, select to bequeath your account information and passwords.

O. Jointly Held Property.

Pretty a lot the defining characteristic of a joint tenancy is the appropriate of survivorship, which means that while you or the opposite joint tenant dies, the survivor robotically owns the property in full. So placing your curiosity in a joint tenancy in your will is meaningless, as once you die, that curiosity disappears.

A. Life Insurance and Retirement Funds.

Life insurance coverage and retirement plans require you to designate a beneficiary of the plan upon your dying. When you die, the property related together with your life insurance coverage or retirement fund will instantly switch to the supposed beneficiary, to allow them to’t be distributed by your will.

5. Illegal Gifts and Requests.

You could also be actually dying to unload a cache of illicit medication or to have your family burn down a constructing in honor of your dying, however the regulation frowns upon wills containing these sort of unlawful requests.

If you are still puzzled about what (not) to place in your will, contact a educated property planning legal professional in your space.


1. Funeral Plans.

Although it may seem fun to memorialize your wish to be cremated and turned into a well-cut diamond, your will isn't the best place for burial preferences.

Your body technically isn't property, so it cannot be a part of your estate. You can try to include burial preferences in your will, but because your body isn't under your estate's control, your wishes may not be carried out according to your plan.

A good alternative is to discuss funeral plans ahead of time with your executor and arrange for services to be paid out of your estate -- this can be done in your will. But be wary of pre-paid funeral plans.

2. Your 'Digital Estate.'

If you died today, you would likely leave behind a sizeable amount of "property" in your digital estate. This includes iTunes purchases, eBooks, and items in other cloud-based online accounts.

This area of law is likely to be more sophisticated in the future, but for the moment, your digital bequests are unlikely to be enforceable. You may, however, choose to bequeath your account info and passwords.

3. Jointly Held Property.

Pretty much the defining feature of a joint tenancy is the right of survivorship, meaning that when you or the other joint tenant dies, the survivor automatically owns the property in full. So putting your interest in a joint tenancy in your will is meaningless, as when you die, that interest disappears.

4. Life Insurance and Retirement Funds.

Life insurance and retirement plans require you to designate a beneficiary of the plan upon your death. When you die, the assets associated with your life insurance or retirement fund will immediately transfer to the intended beneficiary, so they can't be distributed by your will.

5. Illegal Gifts and Requests.

You may be literally dying to unload a cache of illicit drugs or to have your relatives burn down a building in honor of your death, but the law frowns upon wills containing those kind of illegal requests.

If you're still puzzled about what (not) to put in your will, contact a knowledgeable estate planning attorney in your area.

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