Make-A-Will Month: Why a Will Is Not a Complete Plan
By The Trust Dad — 2026-08-09
August is Make-A-Will Month. If you have been meaning to create a will, this is a worthwhile reminder to take that step.
But I also want New York parents to understand an important distinction: having a will is not the same as having a complete plan for your family.
A will can be an important part of your plan. By itself, though, it may leave significant questions unanswered. Families often discover those gaps at the moment they can least afford to deal with them.
Why a Will Is Still a Good First Step
Many people put off creating a will because they feel too young, believe they do not own enough, find the conversation uncomfortable, or simply have not gotten around to it.
Make-A-Will Month provides an annual nudge. Getting something in place is better than having nothing in place.
At the same time, a will may be outdated or incomplete. A document prepared when your first child was born may not account for a second child, a divorce, a remarriage, or a guardian who has moved across the country. A will left untouched for fifteen years may name someone who has since passed away.
Not having a will is a real problem. Having one and assuming your family is fully protected can create a different problem.
What a Will Can Do
A will can direct who receives assets that pass through your estate. It can name a guardian for minor children. It can also express your wishes about belongings and your estate.
Those are meaningful functions. But a will does not handle every situation your family may face.
What a Will Cannot Do
A will does not avoid probate
In most states, assets that pass through a will must go through probate. Probate is a public court process that can take months or years and costs the estate money along the way. During that time, assets may be frozen, and your family may not be able to access what you left them while the courts work through the process.
A will does not address incapacity
If you are in an accident or experience a medical event and cannot make decisions for yourself, your will does nothing. Separate legal documents, typically a healthcare directive and a financial power of attorney, are generally needed so someone has legal authority to act for you.
A will does not control every beneficiary designation
Retirement accounts, life insurance policies, and jointly held property pass outside your will. If those beneficiary designations are outdated, your will cannot override them.
A will is an important first step. On its own, it does not create all the protection most families assume it does.
The Question Many Parents Do Not Ask
For parents of minor children, the most urgent part of planning may not be your assets. It may be what happens to your children.
If both parents die, there is a window of time before any legal proceeding can happen. In those first 72 hours, there may be no one with legal authority to pick your children up from school, take them to a doctor, or ensure they are somewhere safe and familiar.
A will names a guardian for the long term. It does not address that first critical window.
When I meet with parents, I ask whether they have thought about who would have legal authority during those first few days, not just who would serve as the long-term guardian. The answer is almost always no.
There are other questions to consider, too. Does your chosen guardian know how you want your children raised? Have you discussed your values around education, technology, money, and faith? Would the guardian have the financial support needed without it becoming a burden? What happens if that person later becomes unable or unwilling to serve?
The Guardian Game Plan addresses these questions. Beyond naming a guardian, it helps ensure your children are not taken into the care of strangers, left in a gap between an emergency and legal proceedings, or placed with someone who does not know your wishes. A will names a guardian. The Guardian Game Plan helps that person step into your role.
What Makes a Plan Work
Make-A-Will Month is a useful prompt, but the goal is not simply a signed document sitting in a drawer. The goal is a plan that works when your family needs it.
Through the Trust Dad Planning Session, I work with families to build a complete plan that may:
Avoid probate where possible
Protect children immediately through a Guardian Game Plan
Put the right people in the right legal roles
Coordinate with your financial advisor and accountant so the pieces align
Be reviewed and updated as life changes
Documents are tools. A will is a tool, and a trust is a tool. The protection comes from thinking through what your family actually needs and having a trusted advisor who can help keep the plan connected to your life.
Planning Around What You Value
Estate-planning conversations often begin with fear, and that is understandable. But the families I work with who feel most at peace usually move from fear toward clarity about what matters to them and a deliberate decision to act on it.
Your plan can help you consider who you trust with your children's well-being and whether you have told that person why. It can give you space to think about what you want your children to understand about money, responsibility, and family.
These are not questions a form can answer. They are conversations. The right planning relationship makes room for those conversations, and the documents that follow can reflect not only what you own, but also what you stand for.
Why a Form Is Not the Whole Decision
Online forms have made it easier to generate paperwork. But a form does not know whether your New York documents meet the specific signing and witnessing requirements that affect validity. It does not know whether your child has special needs requiring a specific kind of trust to protect benefits. It does not know whether your life insurance beneficiaries still point to a parent who passed away years ago.
I have spoken with families who used an online form and thought they were finished. The will was technically valid, but it named only one guardian with no backup, included no provision for incapacity, and left beneficiary designations pointing to accounts that no longer existed.
Paperwork can be completed without answering the larger questions. A Trust Dad Lawyer focuses on understanding those questions and building a plan around the real answers. The relationship does not end when documents are signed. When something happens, your family knows who to call.
What You Can Do This Month
Use August as a reason to review your will and your broader plan. Confirm that your guardian choices still make sense. Consider the first 72 hours, incapacity, beneficiary designations, and the people who would need to act for you.
If you do not have a complete plan, I can help you understand where your family stands and what questions deserve attention. Book a complimentary 15-minute discovery call with me to get started.
This material is provided for educational and informational purposes only. It does not constitute ERISA, tax, legal, or investment advice. You should separately consult an appropriate professional for advice tailored to your specific needs and circumstances.