Wills Are Important—But Here’s Where They Can Go Wrong

Most people know they should have a will. But not everyone realizes that just having one isn’t enough. Wills are a smart part of your estate plan—but when they’re outdated, unclear, or drafted without professional guidance, they can cause more problems than they solve. I’ve seen it up close. A will written decades ago that leaves everything to someone the person hadn’t spoken to in years. Families blindsided by missing beneficiary forms. Siblings fighting over who “deserves” more. It’s all avoidable—but only if we’re honest about the ways wills can go wrong.

Let’s walk through five of the most common pitfalls I see—and what to do about them.

1. The will is outdated.

This one’s simple: life changes, and your documents need to change with it. If you’ve had a child, lost a spouse, gotten divorced, inherited property, moved across state lines, or even just changed your mind about who gets what—you need to revisit your will. In Nebraska, we’ve seen shifts in probate and trust law over the years that can impact older documents. Even if things feel stable, give it a look every few years (or when something big happens) to make sure everything still reflects your current wishes and circumstances.

2. The executor isn’t equipped—or doesn’t want the job.

In Nebraska, your executor (or “personal representative”) takes on the legal responsibility of managing your estate. That means tracking down assets, paying off creditors, navigating the probate court, and distributing what’s left. It’s a big job. Naming a loved one who’s grieving, overwhelmed, or simply disorganized can lead to delays, missteps, or even legal disputes. Before naming someone, ask yourself: Can they handle tough conversations? Will they follow through? Do they even want this role? And if not, is there someone else who would?

3. It doesn’t cover the full picture.

Here’s the thing: your will doesn’t touch everything you own. Retirement accounts, life insurance, certain bank and brokerage accounts—they all pass outside the will through beneficiary designations. If those aren’t up to date, your ex-spouse or estranged cousin could end up with your money, regardless of what your will says. Same goes for jointly owned property or transfer-on-death deeds. You also want to think about digital assets—email accounts, social media, cryptocurrency, or even photo libraries. Who gets access? Who can manage those accounts? These things matter now more than ever.

4. It creates more conflict than clarity.

Your will needs to be specific. Vague language like “divide everything fairly” or “my personal effects to be shared among my children” invites confusion. Nebraska courts will do their best to interpret unclear provisions, but if your words leave too much room for interpretation, it opens the door to family drama or even litigation. If you want to leave unequal gifts—or exclude someone entirely—you can, but it needs to be intentional and legally solid. A well-drafted will minimizes surprises and makes it easier for the people you love to carry out your wishes.

5. It doesn’t go far enough.

A will is only one piece of a full estate plan. It doesn’t help you avoid probate, protect your assets from creditors, or prepare for incapacity. That’s where documents like a revocable living trust, durable power of attorney, and healthcare directives come in. Want to keep things private and out of court? A trust might be your best bet. Want to make sure someone can pay your bills or manage your business if you become incapacitated? That’s a power of attorney. Want to name someone to speak for you if you’re hospitalized and can’t make your own medical decisions? That’s your healthcare power of attorney. Without these documents in place, your family may have to pursue guardianship or conservatorship in court—a time-consuming, expensive, and very public process.

And while we’re at it—if you have minor children, your will is also the place to name a guardian. It’s not something anyone wants to think about, but not planning for it leaves the decision in someone else’s hands.

Here’s the takeaway:

Wills matter. But they’re not enough on their own. They need to be current, specific, and part of a larger estate plan that reflects your life—not someone else’s idea of a template.

If you’re in Nebraska and not sure whether your current documents still work for your life—or if you haven’t gotten around to creating them yet—let’s talk. I work with individuals and families across the state to make estate planning easier, clearer, and a whole lot less overwhelming. You don’t need to have it all figured out. You just need to start. Contact me at 402-259-0059 or zach@zandersonlaw.com.