10 Things You Should Leave Out of Your Will

by Andrew Rosenberg | Sep 23, 2025 | Estate Planning, Trusts, Wills

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At Rosenberg Law Firm, I get it. Writing a will feels important, but also confusing. Clients ask me, “What should I include?” and “How do I avoid causing a family circus later?” Smart questions. Because the wrong stuff in your will can create more drama than a reality show.

Here are 10 things you should definitely leave out — and smarter ways to handle them:

  1. Gifts to individuals with special needs
    Leaving money directly could knock them off government benefits. Use a Supplemental Needs Trust instead.

  2. Pets and money for their care
    Legally, pets are property, not heirs. Set up a pet trust to cover care and costs.

  3. Non-probate assets
    Retirement accounts, life insurance, and beneficiary accounts skip the will. Make sure your designations are up to date.

  4. Fixed, unrealistic dollar amounts
    Leaving $100,000 sounds nice… until your estate has $50,000. Use percentages to keep things fair.

  5. Conditional gifts
    “If my son gets married by 30, he gets the house” is a lawsuit waiting to happen. Keep it simple.

  6. Sensitive personal information
    Your will becomes public record. Do not put passwords, Social Security numbers, or account details in there.

  7. Funeral instructions
    By the time your will is opened, your funeral has already happened. Write your wishes separately and tell your family now.

  8. Firearms and restricted property
    Guns require special transfers. Use a gun trust to keep things legal.

  9. Explanations or criticisms of disinherited heirs
    You don’t need to justify cutting someone out. Explanations just fuel fights.

  10. Business interests
    Wills and businesses don’t mix well. Use a trust or formal succession plan for a smoother transition.

The Bottom Line
A will is more than a list of wishes. It’s a tool to make sure your family doesn’t end up in chaos, court, or both. Knowing what to leave out is just as important as knowing what to put in.

At Rosenberg Law Firm, we’ll help you create an estate plan that works in real life, not just on paper. Register for a Workshop today.

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