Melissa Negrin-Weiner on Things You Should Leave Out of Your Will

Melissa Negrin-Weiner’s insights were recently featured in a Kiplinger article titled “Seven Things You Should Leave Out of Your Will, According to Experts”. To read the full article click here.

Many Americans underestimate the importance of estate planning. Roughly 40% of people who don’t have a will say it’s because they don’t have enough assets to leave anyone, according to Caring.com’s 2024 Wills and Estate Planning Study.

However, having a proper estate plan in place is essential, regardless of how much money you have, as it does more than distribute your assets; it outlines how your personal affairs will be managed after you’re gone.

A good place to start is by creating a will, rather than allowing the state to distribute your property after you pass. However, not everything should be included in your will. Several key items should be left out of your will. Kiplinger received input from several legal experts on what items to exclude from your will when estate planning. Here’s what they recommend.

1. Gifts or bequests to a child or other individual with special needs

“You need to be very careful when leaving assets to a person with special needs. Often, that individual receives government benefits that are means tested (i.e., Medicaid, SSI), and leaving assets outright to them can cause them to lose their government benefits or the inheritance. If you are leaving assets to a person with special needs in your Will, be sure to leave it in a Supplemental Needs Trust.”

– Melissa Negrin-Wiener, ESQ., Senior Partner, Cona Elder Law.