Creating a will is one of the most important steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes. Yet, many people make critical mistakes during the process—mistakes that can lead to confusion, legal disputes, or even an invalid will. Whether you’re writing your first will or updating an existing one, here are the top mistakes our Bozeman, MT wills lawyer suggests to avoid to ensure your final wishes are honored.
Not Using A Lawyer
One of the most common mistakes is attempting to write a will without legal guidance. While DIY templates and online tools may seem convenient, they often fail to meet state-specific requirements or address complex family dynamics. Our wills lawyer can help ensure your will is legally valid, properly formatted, and tailored to your unique needs.
Failing To Update The Will
Life changes—marriages, divorces, births, deaths, and major financial shifts—all warrant updates to your will. Failing to revise your will after significant life events can result in outdated instructions that no longer reflect your wishes. Regularly reviewing and updating your will with our attorney helps keep it current and enforceable.
Being Too Vague
Wills must be clear and specific. Vague wording can lead to misinterpretation, delays in probate, and even legal challenges. Clearly identify all beneficiaries, specify which assets go to whom, and outline any special instructions. Ambiguity only creates room for confusion and family conflict.
Not Naming A Backup Executor
Choosing a reliable executor is crucial, but not naming a backup is a mistake. Your first choice might be unable or unwilling to serve when the time comes. Designating an alternate ensures that someone you trust will handle your affairs if the primary executor cannot.
Overlooking Digital Assets
Today, digital assets—such as social media accounts, online banking, and cryptocurrency—are often left out of wills. Without proper instructions, these accounts can become inaccessible or fall into the wrong hands. Be sure to include a plan for managing and transferring digital assets.
Ignoring Guardianship For Minor Children
If you have young children, naming a guardian in your will is essential. Without this designation, the court will decide who cares for your children, which may not align with your preferences. Discuss your decision with the proposed guardian beforehand to ensure they’re willing and prepared to take on the role.
Forgetting To Sign The Will Properly
Even a well-drafted will can be deemed invalid if it’s not signed correctly. Each state has specific signing requirements, such as the number of witnesses needed and whether they must be disinterested parties. Our wills lawyer ensures these formalities are followed to the letter.
Writing a will is more than just filling out a form—it’s a legal document that reflects your legacy. By avoiding these common mistakes and working with our experienced wills lawyer, you can create a solid, enforceable will that gives you and your loved ones peace of mind. Taking the time to do it right today can prevent unnecessary stress and conflict tomorrow. At Silverman Law Office, PLLC, we are here to help you.