• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veterans Benefits
  • Seminars
  • Areas We Serve
    • Ballwin
    • Chesterfield
    • Clayton
    • Creve Couer
    • Des Peres
    • Edwardsville
    • Fenton
    • Glen Carbon
    • Glendale
    • Kirkwood
    • Maryland Heights
    • Oakland
    • Sappington
    • St. Louis
    • Sunset Hills
    • Valley Park
    • Webster Groves
  • Resources
    • Asset Protection Worksheet
    • Elder Law Resources
      • Chesterfield Elder Law
      • Fenton Elder Law
      • Kirkwood Elder Law
      • Sunset Hills Elder Law
      • St. Louis Elder Law
      • St. Peters Elder Law
      • Webster Groves Elder Law
    • FREE Estate Planning Seminars
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
    • Multimedia
    • Newsletters
    • Presentations
    • Pre Consultation Form
    • Probate Checklist
    • Probate Resources
    • Retirement Planning Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning For Niches
      • Trust Administration
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us

Amen, Gantner & Capriano | Your Estate Matters, L.L.C.

St. Louis Estate Planning & Elder Law Attorneys

Logo
CONNECT WITH US TODAY (314) 966-8077
ATTEND A FREE WEBINAR
Home / Will in Missouri / Common Mistakes When Making a Will

Common Mistakes When Making a Will

March 8, 2019

Will in Missouri

For most people, a Last Will and Testament is the first estate planning document they create. In fact, it may be the only estate planning document they create for some time. Whether your Will serves as your entire estate plan, or just the foundation of a more elaborate plan, care should be taken to avoid making mistakes. The St. Louis estate planning attorneys at Amen, Gantner & Capriano, Your Estate Matters, LLC have put together a list of the most common mistakes people make when making a Will in an effort to help you avoid making those mistakes.

Common Mistakes

  • Not executing a Will. Surveys indicate that over half of all Americans do not have even a basic Will in place. Often, the lack of a Will is explained by the mistaken belief that a Will is only necessary if you have a fortune to distribute and/or children to protect. The truth, however, is that every adult can benefit from a Will. A Will allows you to decide who will administer your estate, prevents the state from deciding what happens to the assets you own (regardless of their monetary value), and lets you nominate a guardian for your minor children.
  • Using DIY forms. In today’s electronic age, it is tempting to turn to the internet for everything, including legal forms.  It may seem as though you are saving both time and money using a DIY Will form that you find online. In reality, you are more likely to cost your loved ones considerably more time and money than you save when it comes time to probate that Will. DIY Wills are notorious for failing to completely distribute an estate, being outdated and lacking state-specific laws, and failing to interact properly with other estate planning documents.
  • Failing to appoint the right person to be your Executor. Testators (the person creating a Will) often fail to take the time to contemplate the best choice for their Executor. Instead, they simply fill in the name of a spouse, adult child, or close friend, as the Executor of their estate without giving any real thought as to whether that person is the best choice or not. Doing this can lead to delays or costly mistakes when it comes to probating the estate. Ideally, you should choose someone who will be able to focus on the practical tasks associated with administering your estate despite their grief and who has some financial and/or legal knowledge that can be used during the probate of your estate.
  • Failing to distribute the entire estate. This mistake is particularly common when going the DIY route. DIY legal forms are notorious for being incomplete and lacking instructions. Specifically, DIY Will forms often fail to completely distribute an entire estate because additional documents are frequently required to do so. The DIY forms, however, fails to mention that additional documents may be needed. The failure to completely distribute the estate results in the need to open up an intestate estate probate which can significantly prolong the probate process and completely defeats the purpose of making a Will in the first place.
  • Mishandling gifts to minor children. Understandably, as a parent you want to provide for your minor children; however, by law, a minor cannot inherit anything from your estate. Therefore, leaving assets to your minor child in your Will serves only to complicate the probate of your estate because a court may then be forced to decide who will guard those assets until your child reaches the age of majority.
  • Disinheriting without mention. Of course, you are free to distribute your estate in any way you wish and to anyone you wish. Consequently, you can disinherit anyone you want without being required to provide a reason; however, when you simply leave an obvious beneficiary out of your Will without explanation it dramatically increases the likelihood of a challenge to the Will. It is best to acknowledge the individual and be clear that it was, indeed, your intent to leave that individual out of your Will.
  • Failing to understand the need for additional documents. A Will can accomplish many things, including the distribution of your entire estate after you are gone; however, your Will does not help in the event of your incapacity. Your Will also does not help provide guidance on issues related to end of life medical decisions nor is it the best place to mention your funeral and burial wishes.

Contact St. Louis Estate Planning Attorneys

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about creating or updating your Last Will and Testament, contact the experienced St. Louis estate planning attorneys at Amen, Gantner & Capriano, Your Estate Matters, LLC by calling (314) 966-8077 to schedule an appointment.

  • Author
  • Recent Posts
Jacquelynn Capriano
Latest posts by Jacquelynn Capriano (see all)
  • Now That Mid-Terms Are Over, Let’s Talk Taxes - January 25, 2023
  • Assignment and Nominee - August 14, 2020
  • Consequences of Modifying an Irrevocable Trust - January 17, 2020

Filed Under: Will in Missouri

Other Articles You May Find Useful

Creating a Will
Do I Need Help Creating a Will?
St. Louis estate planning attorney
St. Louis Estate Planning Attorney Offers Tips for Creating Your Will
Executor of a Will
How to Choose the Right Executor of a Will
What Are the Steps Involved in Contesting a Will in Missouri

Primary Sidebar

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • twitter
  • linkedin
  • youtube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Where We Are

Amen, Gantner & Capriano
10733 Sunset Office Drive, Suite 425
St. Louis, MO 63127

See Larger MapGet directions

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 12:00 PM

Map

map for Amen, Gantner & Capriano Your Estate Matters office
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Footer

Connect to us

  • Facebook
  • twitter
  • linkedin
  • youtube
footer-logo

© 2023 American Academy of Estate Planning Attorneys, Inc.

Amen, Gantner & Capriano,
Your Estate Matters, LLC

Attorney Advertisement