Wills play a critical role in deciding how your assets (estate) are distributed after you die.
Wills play a critical role in deciding how your assets (estate) are distributed after you die.
USUS MoneyThree common things retirees should remove from their willsJ.R. Duren in Jacksonville, Florida Thursday 05 March 2026 16:12 GMTBookmarkCommentsGo to commentsBookmark popoverRemoved from bookmarksClose popoverCloseEstate planning is a complex process that can benefit from a professionalâs involvementYour support helps us to tell the storyRead moreSupport NowFrom reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.Your support makes all the difference.Read moreWills play a critical role in deciding how your assets (estate) are distributed after you die.Yet just 24 percent of Americans have a will, according to senior-living advisor Caring.com. And even those who do, may have sections in it that are outdated, either because estate laws have been updated or because their wishes have changed. âPeople should review their wills any time they experience a life-changing event after the will has been prepared,â said attorney Jaclyn Roberson, senior partner at Roberson Duran Law. âFor example, the death of a spouse, child, or other loved one who was included in the will should prompt a review. The birth of a child, grandchild, or anyone else you would want to include is also a reason to revisit it.âThe Independent spoke with multiple will and estate planning experts to identify three common things found in wills that retirees should remove. open image in galleryJust 24 percent of Americans have a will, according to senior-living advisor Caring.com, and even those who do may have sections in it that are outdated, either because estate laws have changed or because the wishes expressed in the will arenât the same years after the will was made (Getty Images)Identity risksSome retirees have wills that include sensitive information, such as credit card and bank account numbers, Social Security numbers and even vehicle identification numbers (VIN). âWills can become public record once filed in the probate process, depending on your state,â Roberson said. âThat does not mean the average person automatically receives a copy. However, anyone who is curious about your case can go to the county or court records and request to see your will.âWhile probate records can be sealed and kept safe from the public, thatâs not the case in every state. So, take caution about what personal information you include in your will. âOut of an abundance of caution, do not include account numbers, Social Security numbers, or credit card numbers in your will,â she said. Too many cooks Another mistake that retirees often make with a will is adding too many co-executors - the people you pick to sort out who gets which assets from your estate. Adding more people to whatâs already a difficult decision process can become more complicated. People-pleasing often drives the decision, said attorney Somita Basu, partner at law firm Norton Basu LLP.âSeniors often make the common mistake of making multiple children co-executors, so as not to offend anyone,â Basu told the Independent in an email. âThis often leads to litigation and infighting and, at the very least, a more complex process to distribute assets.âopen image in galleryâBy naming more than one person, you are creating a âtoo many cooks in the kitchenâ scenario,ââ one expert said (Getty Images)In other words, more people involved in a decision means more potential issues, said attorney Nathan Wente, a legal advisor at online real estate platform Real Estate Bees. âBy naming more than one person, you are creating a âtoo many cooks in the kitchenâ scenario,â Wente said in an email to The Independent. âUnless there is a really good reason to have more than one person serving at a time, don't name multiple people to serve as co-executors.âNot only can naming multiple co-executors cause conflict, but it can also be more expensive. âI will charge a higher fee to assist in probates where I have to have more than one client,â Wente said. Money troublesIn some cases, people want to avoid the conflict that comes with disinheriting someone, so they assign a small amount of money to that person so the recipient doesnât feel left out. However, that can turn out to be an outsized issue when the court processes your will - as