In crafting your will, you probably sat down to make a comprehensive list of all of your assets and liabilities. This is so that you can create a specific bequest to your loved ones so that they receive the items you promised to them or that you intend for them to have.

But a common estate planning pitfall is to overlook the importance of also including a residuary clause which covers all of the other elements in your will. Any residue or leftover assets in your estate outside of specific bequests are covered by a residuary clause and the vast majority of most people’s estates transfer to their loved ones via this residuary clause.

This helps to ensure that any assets not immediately known or addressed in your estate will pass according to your wishes. If you only include specific gifts, you run the risk that you could accidentally leave out a valuable asset. Complications can also arise if you have not thought about equitable distributions to your loved ones.

Perhaps you haven’t updated a beneficiary designation form on a retirement account or a life insurance policy, meaning that that beneficiary that you intended to receive it would not necessarily have access to those items when you pass away. This can cause family conflicts and expensive probate estate disputes. For more information on crafting a comprehensive estate plan, schedule a consultation with a knowledgeable lawyer today. A Massachusetts estate planning lawyer can assist you with this process.

 


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Comments are closed.