Common Misconceptions and Best Practices When Creating a Will

At Hotz Law Firm, we often hear from clients who think writing a will is only necessary for the wealthy or elderly. In truth, a will is a fundamental estate planning tool for any adult who wishes to control how their property is distributed and who will care for their children.

Common Misconceptions:

1. “I’m not wealthy, so I don’t need a will.”
Even if your estate is modest, a will allows you to direct who receives your assets and can help avoid family disputes.

2. “My spouse will get everything anyway.”
Under Indiana law, if you die intestate (without a will), your estate may be divided between your spouse and children or even your parents. A will ensures your spouse receives what you intend.

3. “I made a will years ago—I’m covered.”
Life changes such as marriage, divorce, births, and major purchases should trigger a review of your estate plan. An outdated will may not reflect your current wishes.

Best Practices:

– Name a trustworthy personal representative. This person will carry out your wishes and manage your estate.
– Be clear about personal property. Vague or conflicting instructions can lead to unnecessary litigation.
– Update beneficiaries regularly. Your will does not control assets like retirement accounts or life insurance policies—those follow the beneficiary designations.
– Work with an attorney. Online forms can fail to comply with Indiana legal requirements, causing the will to be invalid.

A thoughtfully drafted will is the cornerstone of an estate plan—and provides peace of mind that your affairs will be handled according to your wishes.