THINGS NO ONE TELLS YOU ABOUT
READING A WILL

Most articles you’ll see about estates usually have the same kinds of titles like “How to Probate a Will”
“Top 10 Executor Duties” or “Estate Checklist and Guide”.
Helpful, but I find these all skip the most important FIRST step: how to actually read the Will. I’m not
necessarily talking about [what most of my clients call] the ‘legal mumbo jumbo’ of the document. I
mean the real meat and potatoes of what the person wanted – their specific choices that go to the heart
of how their estate is handled.
If you’re named as Executor, your first task is not to rush, but instead to know your responsibility for
understanding the Will and to take the time to approach it with clarity and attention to detail.
In a nutshell, here are some key concepts and words to look out for:

1. ‘Final Wishes,’ Body Disposition, Cremation or Funeral
   These are time sensitive so check for these references carefully and quickly!
   Also, the Will doesn’t actually have to be probated for these intentions to be carried out– just be
   sure to share with the funeral director or crematorium.
   The Will might include specifics about organ or body donation, cremation and disposition of
   ashes, burial location or funeral details. They might have also specifically named a Funeral Agent
   – who may be completely separate from the Executor – to make or carry out those decisions.
   to certain burial and funeral decisions and include what their specific wishes are.
2. Revocation Clause
   Check for a revocation clause that revokes all other prior Wills and ensures that this document is
   considered valid and the actual “Last Will and Testament”.
3. Signatures
   Make sure the Will is properly signed. Every state has its own requirements and usually these
   include signing by the Testator (person who created the Will), 1 or 2 witnesses (NJ requires 2)
   and a notary public.
4. Attestation Clause
   An extension to the notary signature above, some states are also particularly snarky about this.
   Its essentially part of the notary section that attests to the fact that everybody (testator,
   witnesses, notary) all signed at the same time, in front of each other and that everybody saw
   everybody else sign. Whew. It may require a read through several times to be sure, but the
   wrong format could make the difference between a quick vs drawn out approval process by the
   court. But don’t fret: If there’s no notarization or attestation clause, it may be as simple as
   having one of the witnesses sign paperwork stating they saw the testator and witnesses sign the
   Will together.
5. Executor, Co-Executor and Successor Executor(s)
   Pay close attention to who exactly is 1 st in line to take charge of the estate, as well as who comes
   after. Is just one person named, or are there co-Executors, meaning multiple people need to be
   appointed to act together all the time? This will go a long way to avoid wasting time rushing to
   meet with an attorney, filing with the court or holding yourself out as the one who will be in
   charge only to find out the Will requires you to act jointly with another person.
6. Executor Powers
   Check yourself before taking action or making decision: how general or limiting in the Will as far
   as what the Executor can and can’t do? Does the Executor have the power to sell real estate? Is
   the Executor in charge of a Decedent’s business or expected to work with others? Does the
   Executor decide who gets what personal items or are the beneficiaries supposed to decide
   amongst themselves?
7. Guardianship
   If there are minor children, check to see if there is someone properly named to be appointed to
   take care and custody.
8. Tax Allocation
   This is a fancy phrase for describing who (beneficiary(ies) or what (the estate) is responsible for
   payment of inheritance or estate taxes. Be particularly careful if the Will doesn’t specify, which
   may mean that you’ll need to look to state law to help sort that process out.
9. Assets and Property Distribution – ‘Specific Bequests’
   Don’t start giving away stuff or making promises until you know where and how everything is
   supposed to go! From Christmas ornaments and wedding rings to cars and houses – get a solid
   understanding of who is supposed to get what or suffer the wrath of the intended
   beneficiary(ies)!
   And before doling out cash, first make sure you have enough to cover ALL expenses – like taxes!
   Just because someone is supposed to get $10K, doesn’t automatically mean its going to get
   paid.
10. Assets and Property Distribution – ‘the Residue’
    A weird but super important word in the world of estates: basically this is whatever is left over
    after all expenses, taxes, debts, and specific bequests are paid. Usually the distribution plan is
    set out in percentages or ‘parts’ to certain people. Be careful with the math, as these are the
    people who you’ll need to consent to the final accounting. It may come to pass that there isn’t
    enough to pay out all or any.
11. Contingencies and Conditions
    I encourage you to take a 2 nd or 3 rd look through for these references, because they aren’t always
    obvious. Found primarily in the distribution sections, one example is that a beneficiary may only
    receive his/her inheritance if they reach a certain age or fulfill certain obligations.
12. Above all, the most important takeaway here is to take the time to really read a Last Will and Testament. This way you’ll be better able to understand and honor the final wishes and intentions of the Testator and stay out of hot water.