5 Things Many People Forget to Include in Their Will (And Why It Matters More Than You Think)

Most Americans know they should have a will. And Americans don't have one. But here's what rarely gets talked about: even among the people who do have a will, many of them have left out things that matter.

Not the house. Not the retirement account. Those are obvious. We're talking about the things that don't come with a price tag but carry enormous emotional weight — and real legal consequences when no one knows what to do with them.

Your Pet Has No Legal Voice

If you have a dog, cat, or any pet, ask yourself: if something happened to you tomorrow, who takes them? People assume a family member will step in. But without it written down, there's no legal obligation for anyone to do so. Pets are considered property under the law, and without a named caretaker, there's no guarantee they'll end up with someone who will care for them.

A will lets you name a caretaker for your pet and even set aside funds for their care. It takes two sentences in a legal document. Without those two sentences, your pet's future is decided by a system that doesn't know their name.

Your Digital Life Doesn't Disappear When You Do

Think about how much of your life exists online. Streaming subscriptions that charge monthly. Cloud storage full of family photos. Social media accounts with years of memories. Email accounts that may contain important financial or legal correspondence.

When someone dies without instructions for their digital accounts, families face a painful and often expensive process trying to gain access — if they can at all. Most platforms have strict policies that make it nearly impossible for family members to recover content without prior authorization.

A modern will should include a digital assets section that names someone you trust to manage or close your online accounts. It's one of the most overlooked parts and one of the most important.

Family Photos, Heirlooms, and the Things That Start Fights

It's the photo albums. The grandmother's ring. The vintage guitar that two siblings both feel a connection to. These items have no significant financial value — but they carry enormous sentimental weight.

Without a will that specifically names who gets what, these decisions often fall to family members during one of the hardest times of their lives. A simple list in your will — often called a personal property memorandum — can help prevent years of family tension over items that should bring people together, not tear them apart.

Your Clothes, Your Collections, Your Everyday Stuff

This sounds small until you think about it. A closet full of clothes. A toolbox built over decades. A collection of records or books that meant something to you. When no direction is given, these items either get divided arbitrarily, donated, or thrown away.

If there's someone who'd appreciate your vinyl collection or your fishing gear, the only way to make sure they get it is to write it down.

Why People Don't Do This (And Why It's Easier Than You Think)

The reason most wills are incomplete — or don't exist at all — comes down to two assumptions. First, people think they need a lawyer. Second, people think it's going to be complicated and expensive.

Neither has to be true for many families, though consulting an attorney is always a good idea to make sure everything is valid in your state. A basic will that covers your assets, your wishes, and the items above can be created at home using a structured Kit. It doesn't replace an attorney, but for households, it covers exactly what's needed.

The Legacy Will Kit includes templates for a Last Will and Testament, a Durable Power of Attorney, and an Advance Directive for Health Care — the three documents that help form the foundation of any plan.