How to ensure your final wishes are enforced after your death by Ryan M. Gardner

Planning for the end of life can be an emotional and overwhelming process but making sure your final wishes are legally valid and enforceable is essential to give yourself peace of mind that your wishes will be followed and that your loved ones will be protected. Whether it’s the distribution of your assets, your preferences for medical care, or funeral arrangements, having legally binding documents ensures that your intentions are followed and reduces the likelihood of disputes after your passing.

The foundation of any estate plan is a Last Will and Testament. A valid Will must meet specific legal requirements, which can vary by state or country. In Indiana, a Will should be written, signed by the testator (the person making the will), and witnessed by two or more people who do not have any interest in the Will. In some circumstances a handwritten will or recorded statement, can be enforced as a Will, but these are far from recommended if enforcement is a concern.

If you believe some or all of your final wishes may be unpopular with your legal beneficiaries (e.g. spouse, children, or other family members) it is extremely important that you obtain assistance from an attorney to oversee the drafting and execution of your final wishes. Ensuring that all legal requirements of a valid Will, trust, or other instrument are met is a must have should your final wishes ever be challenged after you are gone and no longer able to voice those opinions.