Your Will Should Not Contain A “Divide Fairly” Request

Estate planning is never simple. And, even though you may want to, taking shortcuts is rarely advised. And, out of all these shortcuts, one of the most notable is as follows: giving your assets to a family member to divide fairly.

Going over why your will should not contain a “divide fairly” request, and speaking with a Florida estate planning lawyer at Millhorn Elder Law Planning Group will help you develop an estate plan that satisfies your wishes.

What Is A “Divide Fairly” Request? 

A “divide fairly” request tends to look like the following: you give all of the assets within your estate to one individual and, in your will, tell this individual to divide these assets fairly with the other members of your family.

Just as an example, you could give your furniture, car, house, and electronics to your daughter. And, in doing so, you could ask her to divide those assets fairly, with her other living relatives.

On the surface, this might seem like a good idea. But, it rarely is, for two major reasons: the individual asked to “divide fairly” has no legal obligation and they may not be able to make good decisions regarding this division.

What Happens If Your Will Contains A “Divide Fairly” Request? 

The answer to this question is dependent on a number of factors. These include the wishes of the beneficiary who was given those assets, as well as how you would like those assets to be divided.

Your beneficiary may try to divide their assets fairly. This could include giving some of your electronics to a family member and, say, giving your car to their brother.

On the other hand, your beneficiary may choose to keep the assets for themselves. Your other beneficiaries may not receive anything at all.

The above is perfectly legal because your beneficiary has no legal obligation to divide the assets you have given them. This is true, even if you ask them to, in your will.

If your beneficiary tries to divide the assets you have given them, they may make mistakes. Your other beneficiaries might not receive what you want to give them, because the beneficiary responsible for this didn’t know your wishes.

What Should You Do Instead? 

You should work with an estate planning lawyer who can help you set up a will. And, when you set up this will, you should clarify each and every one of your estate planning wishes.

A good example of the above is as follows: if you want to give your daughter a car, then clarify that in your will. Or, if you want to give your son the computer you own, clarify that wish in your will.

Doing the above ensures that your beneficiaries will receive what you wish to give them. The court has a legal obligation to honor your wishes – and a lawyer will ensure that this obligation is met.

Speak With A Florida Estate Planning Lawyer Today 

If you need help developing a will, you should work with someone who can help. Speak with a Florida estate planning lawyer today and we will help you develop a will that satisfies your wishes.

Sources: 

law.cornell.edu/wex/beneficiary

law.cornell.edu/wex/will