Even if you answered no, the answer is yes, you in fact do have a will.
Everyone has a will. If you have not had one prepared for you, the state in which you live has prepared one for you. It is a "one size fits all" will and it will be used upon your death if you have not written one of your own. However, for purposes of this article, if you have prepared a will we will say you have a will. If you have not prepared a will you do not have one. When a person without a will dies, he or she dies intestate.
A glossary of terms that are commonly used in wills might be helpful.
If you have NOT prepared a will:- The court will decide who will be the guardian of your minor children
- Your assets and property will be divided up according to state law
State law usually provides that your spouse, children, parents or siblings would inherit your property without regard to your preferences, which are unknown to the court. If you have no surviving spouse, children, parents or siblings, the state will be your heir. Friends and your favorite charities receive nothing. It is unlikely that the will provided by the state will carry out your wishes for your property or assets.
Should you die without a will, you should not assume that your spouse would automatically be awarded your property or assets upon your death. Most likely this is not what would happen.
If you die intestate (without a will) a court in the state in which you live will determine who will become guardians of and care for your minor children and their property if there is no other parent. Further, the state will determine how to dispose of your property using a process called "intestate succession." If you have a spouse and children, your property will be distributed to them, but if you do not, your property will go to other relatives based upon the provisions of the law. If you do not have such heirs, the state will lay claim to your property.
Most people think that the surviving spouse would get all of the deceased spouse's property. In most situations, the law provides that one-third to one-half of the property would go the to surviving spouse and regardless of the age of the children, they would receive the rest.
If there are no children involved, again most states distribute one-third to one-half to the surviving spouse and the rest will go to the decedents's parents if they are still alive.
If you are married and desire your spouse to get everything at your death, you better have a will prepared that provides for that. Otherwise it will not happen.
If you have prepared a will :- You decide who will have guardianship of your minor children
- You will name an executor or personal representative to carry out your wishes
- You will determine how your assets will be distributed
- You will identify a trustee to look after the money and property left to your minor children
If you have children who are minors, it is imperative that you have a will. In the will you will determine who will become their guardian and care for them in the event of your death. Without a will, a court will make this decision and the guardian may be someone not of your choosing.
Those with a small estate may feel there is no need to get a will, but without a will, you will have no say in what happens to your most precious assets, your children.
In addition, as discussed earlier, your property, even if modest, should be divided according to your wishes.
Do You Need a Will?Do you need a will? Yes. Having a will is an important financial decision and can save your family much time, disagreement and heartache. However, if you have minor children it is even more critical. Most everyone needs to prepare a will and yet over half of Americans die without one or die intestate. So, you should have a will prepared for you.
Am I Required to Have a Lawyer to Prepare My Will?There is no legal requirement that an attorney writes your will, but it is an excellent idea to pay one to prepare your will. There can be many technical legal issues that a lawyer can assist you with. Although software programs can provide useful information, this is an area where you should seek professional help. My advise to you is that it makes good sense to see an estate attorney about these matters. But even if you decide against professional legal assistance, you should still get your will done.
Revocable TrustWhat about a revocable trust. For many perhaps most people a revocable trust is a good idea. Often people want to know
Does a Revocable Living Trust Replace a Will? The short answer is no. If you have a revocable trust, you should have a will in addition to the trust. Again, get professional legal assistance. What are you waiting for? Get a will!
Plan Your Estate
is an excellent book with information on the basics of wills and estate planning. It explains everything from simple wills to complex trusts and how they can benefit various individuals and families."
What Did I Miss?
I am not an attorney and nothing contained herein should be considered legal advise. You should consult an attorney concerning your specific situation.