Estate Distribution for People With Kids

When you make your will with Nolo's Online Will, one of the key decisions you make will be how to leave your property. In this part of the interview, you specify who gets what after your death. As an unmarried parent, your children may figure prominently in your plans for distributing your property after your death. With that in mind, Nolo's Online Will offers some shortcuts when making your will -- you can choose to leave everything to your children, or everything except a few things. Or you can choose some other plan entirely. In any case, you can leave your property as you see fit, and you'll have the opportunity to choose alternate beneficiaries as well.

Inventorying Your Property: Optional

Before you continue, you may find it helpful to take an inventory of your property. You can make a simple list by hand or on your computer, or you can use our Property Worksheet to help jog your memory. You can type onto it and save it, or print it out and fill it in by hand.

We provide this worksheet as an aide -- to help you think through what property you own. It will not, and should not, be included with your final will document.

Leaving Your Entire Estate to Your Children

If you choose to leave all the property you own to your children, you won't need to list each item separately when making your will. After your death, your entire estate will go to your children, in the shares you determine, and you'll also have a chance to name alternates for each child.

Of course, when we're talking about making your will, "all of the property you own" does not include property that passes outside your will -- for example, property in a living trust or owned in joint tenancy. See "Not All Property Passes by Will," below.

If you have any specific items you want someone else to have, choose one of the other two options.

Leaving Most of Your Property to Your Children, Some to Others

If you want to leave the bulk of the property you own to your children, but have specific items that you want other people or organizations, choose this option. Next, you'll choose the shares for each child, and then later in the interview, you will list the specific items you want leave to other beneficiaries.

Leaving Your Property Some Other Way

If you don't want to leave most or all of your estate to your children, you don't have to--you can leave it any way you want. If you choose not to leave most of your estate to your children. You'll next decide whether you want to:

  • leave your entire estate to a beneficiary or group of beneficiaries, or
  • leave specific gifts to some people or organizations, and then name a beneficiary or beneficiaries to get "everything else."

If Your Children Are Minors

If your children are under age 18, you will have a chance to provide property management for the property you leave them through your will. Separately, you can also name a property guardian for any property they receive outside of your will.

Naming an Organization as Beneficiary

You may want to leave property to a charity or a public or private organi­zation—for example, the American Red Cross, the Greenview Battered Women's Shelter or the University of Illinois at Champaign-Urbana.

The organization you name need not be set up as a nonprofit, unless you wish your estate to qualify for a charitable estate tax deduction. It can be any organization you consider worthy of your bequest. The only limitation is that the organization must not be set up for some illicit or illegal purpose.

The organization you name will receive your gift with no strings attached. You cannot use your will to describe how the property should be used. If you want to do that—for example, if you want a gift to your alma mater to be used as a scholarship for a student who gets above a 3.5 grade point average—see an experienced estate planning attorney for advice.

When naming an organization, be sure to enter its complete name, which may be different from the truncated version by which it is commonly known. Several different organizations may use similar names—and you want to be sure your bequest goes to the one you have in mind. Someone at the organization will be more than happy to help you get it straight.

Naming a Trust as Beneficiary

You can name a trust as a beneficiary of your will. Some people do this to create a "pour-over" will that puts any property that would go through the will into a trust. Other will-makers may want to name a special needs trust as a beneficiary of their will to avoid the problems that might occur if a beneficiary with special needs receives a gift outright. Read more about Naming a Trust as Beneficiary of Your Will.

Not All Property Passes by Will

Some types of property will pass through your will, but not others. Types of property that commonly pass through a will include real estate such as a house or land, vehicles, bank accounts, and personal items such as household items, family heirlooms, art, jewelry or antiques. However, these types of property will only pass through your will if you have not made other arrangements for them.

Any property for which you have made other arrangements will not pass through your will. For example, these types of property will not pass through your will:

  • property in a trust (living trust, special needs trust)
  • property with a right of survivorship (joint tenancy, tenancy by the entirety, community property with the right of survivorship), and
  • property for which you have already named a beneficiary (TOD deeds or accounts, retirement benefits, life insurance).

To avoid confusion, do not use your will to name beneficiaries for property that will pass outside of your will.