It is difficult to think about what might happen to your loved ones and your assets after you’re gone. That’s why many people put off creating a will even though they know it’s an extremely important thing to do. Caring.com reports that the number of Americans who have a will went from 33% in 2022 to just 24% in 2025. The main reason for not having a will was simply that people “hadn’t gotten around to it”. The second most common reason for not having a will was people thinking they don’t have enough assets to leave to anyone. That’s a flawed line of thinking, though. It’s a big misconception that only people with a substantial amount of assets need a will. Even if you think you’re far from wealthy, a Last Will and Testament can benefit you.
Just as importantly, you should know that without a Will, you won’t have a say over what happens to your assets once you’re no longer around to oversee your estate. Therefore, as uncomfortable as it may be to have a Will created, it’s an important step to take on your estate planning journey.
However, if you’re going to create a Will, it’s important to make sure that it accurately reflects your wishes and doesn’t leave room for many questions. Losing a loved one is devastating on so many levels. Therefore, administering your will should be straightforward for the people involved. That way, your loved ones are able to settle your estate and get their inheritance as soon as reasonably possible.
Unfortunately, though, there are certain mistakes people tend to make in the process of creating a will. Here are some of the most common blunders we see:
1. Not clearly specifying who your beneficiaries are.
It’s common to have more than one beneficiary listed in your will. But if you don’t clarify who your beneficiaries are, your loved ones could face unwanted complications in the course of getting their hands on the assets you want them to have. Let’s say you’re child-free, but want to distribute your assets evenly to your three nephews. It’s important to identify each of them by their full legal name so there’s no confusion as to who will receive your assets.
2. Choosing the wrong person to be the executor of your Will.
The role of an executor is to carry out the terms of your Will once you’re no longer around. It’s important to designate an executor who is not only trustworthy, but also capable of overseeing the distribution of your assets. Administering a will can be very stressful, so it’s important to choose someone who you’re confident will be up to the task mentally and emotionally.
3. Not updating your Will.
Life is unpredictable, and things change over time. For example, you might leave most of your assets to your spouse in your will. But do you want your spouse getting your assets if you end up getting divorced? Probably not. That’s why it’s important to update your will when you experience a life change, such as a birth, a death, a marriage, or a divorce.
4. Not using an attorney to help draft your Will.
These days, it’s easy enough to go online, download a will template, and create a Will all on your own. But that doesn’t mean it’s the smart thing to do. If you write your own will without the input of an attorney, you might create issues for your loved ones after you’re gone. You wouldn’t diagnose your medical issues without the help of a doctor (or at least you shouldn’t), so similarly, you should not create a legal document yourself unless you’re specifically trained to do so.
At The Mendel Law Firm, L.P., an estate planning attorney can help you create a will and give you the peace of mind you deserve. Call us at (281) 759-3213 or contact us online to discuss your estate planning needs.
- Thought of the Day - August 13, 2026
- Thought of the Day - August 6, 2026
- Thought of the Day - July 30, 2026
