Need a Will??

Updated on February 25, 2010
A.C. asks from Keller, TX
7 answers

I have a question: do we really need a will??? And if so why (so I can crack the whip on my husband). I've seen how HORRIBLY wrong things go when you have adult kids who will fight over stuff in the event that both parents go at the same time (my best friend had this happen). But for us: average joes, we're basically secure in life, but don't have what I'd call an "estate" (just basic stuff), relatively little debt (just the house and a car)...we have 2 children that are very young (3 and an infant), but we know who would take them and we've had the talk with them...we have retirement accounts and they all list the beneficiary as "spouse" and secondary beneficiary we listed "all my children" (meaning at this age that my brother would have it to raise them, i suppose). i truly hope we never need this, but is this good enough, or are we missing something important?

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So What Happened?

Thanks for the good advice. There were some bits brought up that I had either misunderstood or knew nothing about. This will be our project for March, starting this weekend. Appreciate you guys taking the time.

More Answers

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B.W.

answers from Salt Lake City on

Here is a great article:
http://www.daveramsey.com/article/the-importance-of-havin...

My uncle just passed away 2 months ago, and they didn't have a will. My poor aunt, in the middle of her grief and comforting their children, was trying to work with a lawyer and it just made an unecessary mess. Doing a will is simple, quick, inexpensive....and the peace is worth it.

2 moms found this helpful
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W.H.

answers from Dallas on

Hi, I believe that even if you have your children listed as beneficiaries on your life insurance, retirement accounts, etc that they won't gain access to it until they are adults...meaning your chosen guardians won't get access either unless you set up a will with a trust. I also believe that even if only one of you dies intestate, that the children will automatically have rights to a 1/4 of the assets each.

My aunt died intestate a few years back and my two adult nephews sued my uncle for "their" portion of the estate. He ended up settling with them.

Also, be careful when doing your will that you don't unintentionally disinherit your kids. This happens all the time. i.e. one parent dies-gets all the assets-she re-marries-then dies and then her new spouse gets all her assets, etc

1 mom found this helpful

A.G.

answers from Dallas on

I completely agree with what everyone else has already posted. My father died 5 years ago without a will, and it was a nightmare sorting through things, and he had virtually nothing and my brother and I were already adults. I can only imagine how much more complicated it would have been if he had more money/property, and we were minors. I also whole-heartedly agree about the issue of guardianship of the children. My husband and I purchased wills when our youngest son was born, and the peace of mind alone was worth it.

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K.C.

answers from Dallas on

Get a will!! My dad died of cancer and we had a year to plan everything we thought we needed. It still took my mom a year after to get everything settled!

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B.B.

answers from Missoula on

I would say that you absolutely need a will, and sooner rather than later.
If you and your husband both die, without a document spelling out your wishes for what should happen with your children they will become wards of the state. Typically there is discussion between DFS and the closest surviving family regarding who will become guardians, which means they may end up with someone you did not choose. Why risk it, just make out a will. You can find templates online, or most attorneys will assist you for a pretty reasonable fee, given that your situtation is fairly straightforward.

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M.J.

answers from Sacramento on

Just because you've told people who will take care of your kids and assets doesn't mean the courts will agree. Without a will, everything goes to the courts to decide. Do you really want a stranger making the decision?

Getting a will isn't hard and it's well worth it to have your intentions spelled out. Also, you can put in your will that if anyone contests your wishes, they're automatically excluded from any inheritance. That quickly puts an end to family in-fighting.

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J.C.

answers from Chicago on

By not having a will you are allowing the state to decide for you. Most important you need to write down who you would want your children to be raised by. Although anyone can contest a will, it just makes it a bit harder.

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