What Should Be In Your Will?

Have you given any thought to the types of things you want to leave behind when you die? It’s a morbid thought and maybe you have not considered it at all. Maybe you don’t think you have anything of worth to leave to your loved ones. However, you would be surprised at how rich your legacy may be to your loved ones. What should be in your will?

The Who

We like to use scenarios in our articles because we see so many real life situations and it helps our readers realize that although their case is unique, there are some aspects which still ring true. We will follow through this article with a scenario about a woman named Sam.

Sam is married to Bob. He has 2 children from a previous marriage. Both children lived with Sam and Bob and are now grown. Sam and Bob have a complicated relationship with one of the children so they have held off getting a Will, thinking that the child who is in contact with them will just receive everything when they “go”. However, nothing could be farther from the truth. In fact, without having a Will, Sam is leaving her legacy open to the whims of the court. This is what we call “intestate”. At best, Sam should have a Will determining who gets what when she passes. Bob should have the same. For this article, we are going to focus solely on Sam.

Sam decides she wants to leave everything to her husband unless he pre-deceases. If he does, she wants to leave everything to her step-son and her nephew. She wants to be sure that someone takes care of any dogs they may have and she wants to be sure to leave enough to maintain her rose garden for the duration of the time he owns the home. She wants to be sure the other step-son cannot take anything. She basically wants to leave it where it cannot be challenged.

Sam’s situation is a bit unique because we will need to find out if she adopted her step-sons. How long did they live with her? Did they have a relationship with their biological mother? All of these things will be important when we consider how to structure the language of the Will so that she “leaves out” the one step-son and gifts to the other.

Of Dogs and Roses

Sam has believed for so long that she has nothing of value to leave behind that we will need to do a full catalog of her possessions to determine her property. Once she begins to put pen to paper, she realizes there are things that really matter to her. We know that she has a home with a rose garden that she spends a great deal of time with as a hobby. Are these prized or heirloom roses? Is she part of a garden club? This type of thing may matter if there is to be a future sale of the property.

She also has 3 dogs and these are like her children. Although she may outlive these three dogs, it stands to reason that she may have other dogs later because she’s always had dogs in her life.

What types of items does she have in her home? Is she a collector? Does she have jewelry or coins? How about vintage items? Has she saved her photos and other legacy items onto a cloud or other location for safekeeping? These are all part of her history and it should be passed on.

The Why

After we have determined who will receive and what they will receive, we will determine why we need to structure her Will in a specific way. This will help us make it as challenge free as we possibly can. We will explore why she wants to put certain provisions in, such as maintaining her rose garden or the care for her dogs and how she wants to do those things. The answers to her Why questions will lead us to the how we will best set up her Will.


The best way to accomplish Sam’s goals are to use an experienced Estate lawyer. We specialize in creating full Estate plans for individuals or families. Jason has years or experience working with a variety of unique situations. Contact Jason here for more information on starting your plan.

Related Posts

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Articles

Home finance to buy, loan or rent property building plan
When To Change A Will
July 17, 2023
Asian Senior elderly couple standing in kitchen at house feeling happy and enjoy retirement life
Planning for Long Term Care
October 25, 2022
Happy elder female using computer at home
Legal Tips for Caregivers
July 5, 2022
Paulette Doucette
Paulette Doucette
17:09 19 Nov 22
Jason was not only helpful and thorough in assisting us in putting our Estate Plan together but was extremely sensitive to our overall wishes and desires concerning its implementation.
Shirlz Jenner
Shirlz Jenner
22:34 11 Nov 22
We highly recommend Jason Ebacher for Estate Planning. He made the process for us quite smooth and explained it to us in layman's terms.
Stephanie A. Crayton
Stephanie A. Crayton
19:17 29 Sep 22
Due to some recent family losses, I began to think about my own situation and end of life decisions/wishes – something I had been putting off for years. As a single mother of a minor child, I realize how incredibly important it is for me to put some safeguards in place for my son and for myself.I reached out to the Law Office of Jason Ebacher and I could not be any more pleased with his guidance, compassion, and professionalism. I came to him with very little knowledge of what is needed, the process, and best decisions. Thankfully, he took his time, explained things to me in various ways that gave me a chance to arrive at my own decision. Once all the decisions were made, he legally implemented them into my estate plans.I can’t thank him enough for all of the assistance, time, and knowledge he has shared with me. I highly recommend him and will seek his counsel again, should it be necessary! Thank you Jason and team!
betsy malenfant
betsy malenfant
23:58 25 Apr 22
I have had the pleasure of the professionalism and kindness of Jason's help over the past few years. I have referred him to family members who have also felt so comfortable in his presence in regard to his knowledge and his comforting manner. Thank you, Jason!
Leslie Russell
Leslie Russell
00:41 09 Aug 21
I can not thank Jason enough for his help. His work has given me peace of mind during a time where caring for a loved one is not easy. I really appreciate his temperament and legal ease.
Karen Shuman
Karen Shuman
18:26 06 Aug 21
My experience with Attorney Jason R. Ebacher was excellent from the very first phone call. Jason is professional above all else in addition to being friendly, compassionate, helpful and knowledgeable. He provided me with enough information and guidance to enable me to make solid choices with regard to my estate planning. I highly recommend Jason and his team.
Kristen Wilson
Kristen Wilson
15:25 05 Aug 21
Attorney Jason Ebacher is professional, knowledgeable, and kind. He is always readily available to answer any questions. I highly recommend Jason to anyone.
Essential Balance Wellness
Essential Balance Wellness
13:46 05 Aug 21
You dont know what tomorrow will bring. The only way to make sure the people you love are taken care of, is to make a plan....while your healthy and in good sound mind. There TRULY is "peace of mind in proper planning"
Angie Vargas
Angie Vargas
17:53 17 Mar 21
Jason is a trusted volunteer with our non-profit legal aid organization, where he provides quality pro bono estate planning assistance to some of our clients and is always willing to go the extra mile. During the pandemic, he has remain committed to this work and we greatly appreciate him.
See All Reviews
Verified by MonsterInsights