Beneficiaries in a Will Text Size:

Probably one of the most difficult aspects of writing a will is determining who your beneficiaries should be. Beneficiaries are those people or entities that you leave something to. Some common beneficiaries include:

• Your spouse
• Children and grandchildren
• Other relatives
• Friends
• Organizations such as churches and universities
• Charities
• Pets

When naming a beneficiary, make sure to give enough information so they can be easily identified and located. For a person, this would include their name, their address, and birth date. Be as specific as you need to be to make them easy to find.

If you put, "Jane Smith of California," this could be any of a hundred women. Make the search for Jane Smith easier by saying: "Jane Smith of Hayward, California born on August 2, XXXX whom I went to college with." This is much more specific and will help your attorney verify her as a beneficiary.

Also, make sure to update your will if a life changing event occurs, such as a birth of child or death of a beneficiary

Generally, people not specifically mentioned in your will, don't receive anything, with exception to your spouse and children.

Your Spouse

There are many factors about how a spouse is treated, starting with the state you live in. In a community property state, it's assumed your spouse receives half of your property and earnings during your marriage. However, you can determine who gets the rest of your estate and any separate property that you own.

If you're not in a community property state, it's assumed that you will leave something to your spouse anyway. Your spouse can contest the will if you leave them a smaller portion of the estate than what's required by law.

In addition, be aware of any laws or rules in your state regarding leaving the family home to anyone other than a surviving spouse or minor children.

Your Children

Most states protect minors from the loss of family home, so be sure to check additional rules about this subject.

However, you don't have to leave anything to your children. To make this happen, specifically name the children you're disinheriting and declaring that they should receive nothing. If you specifically don't mention one or more of your children in the will, it'll be assumed that you left them out by accident and will receive a share of your estate. You should also name any illegitimate children and stepchildren who should be disinherited as well.

Accordingly, you should include in your will what should be done if you don't want a grandchild to inherit that portion.

Questions for Your Attorney

• My children range in age from very young through adult - how do I meet their needs in my will, yet treat all of them fairly?
• If I treat my family members differently in my will, or they don't like how I've provided for them, can they challenge my will? Should I treat them alike in order to avoid problems for them when I'm gone, such as feuds, jealousies, or hard feelings that result from the distribution of my estate?
• I've been married more than once, and I have a complicated family structure. Does that need to be taken into account in my will?
• Can I leave property to a charity or school with conditions of my choosing, for example, how my gift is to be used?

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