Teen-mutant-ninja-turtle1_small
Reputation: 2

Do I really need a will? Would my kids suffer if I don't have one?

Answer this question or share it with a smart friend:

Avatar_default
Type your answer here…

5 Answers

  • Img_0598_small
    Reputation: 72

    My mother passed away suddenly. I was her only child & she had a partner, but they were not married. She did not have a will (even though she bugged my father constantly about having one). It made grieving & the whole finical experience miserable. I had to figure out what accounts she had, find out how to transfer them, transfer them to my name & it felt like a never ending reminder that she was dead. And it didn't stop after a few months. This took YEARS. I don't think she wanted to put me through that, and I learned a lot, but if you want your kids to be able to move on with their lives, leave a will.

    I also went through the nightmare of having to deal with her partner who was a controlling doctor. He made the situation a million times worse by adding his name as her spouse to the death certificate (it takes 9 months to get a new one) which I had to change. The problem is less the laws that protect the fact that her assets were rightfully mine, but other people, the grieving & the overall confusion involved if you have many different finical accounts.

    Share this answer with a friend:
  • Profilepic_small
    Reputation: 73

    Short answer: yes. If you're not a single person living in a cardboard box with no dependents, I would strongly suggest getting your papers in order. I say papers because in addition to a will, a medical and financial power of attorney are super helpful. Obviously, no one likes to think about the worst-case scenario, but think of it as akin to health insurance...you don't ever want to imagine getting hit by a bus, but it'd sure be nice to be covered if you did. In medical social work, I've seen those worst case scenarios of what happens if you don't have your wishes on paper beforehand and it's ugly for everyone involved.

    Luckily, preparing this stuff doesn't have to be as expensive or drawn out as you might think. If things are pretty simple for you, (traditional marriage, kids all from same marriage, one house, etc), you may be able to use a DIY kit like NOLO's Wills, Trusts, and Estates (http://www.nolo.com/legal-encyclopedia/wills-trusts-estates/). For $42, you get the TurboTax of wills, power of attorney, etc, and you can do it all in just a few hours, print, sign, and notarize. If things are more complicated, call your local bar association and ask about estate attorneys who do flat-rate packages for this stuff.

    Share this answer with a friend:
  • Avatar_default
    Reputation: 64

    While the responses below address the advantages to having a will with respect to finances, inheritance, etc., I think for parents with minor children, probably the most important reason to have a will is address custody of the children.

    If you are a single parent, or even if you are not, there is always the possibility that your children could suddenly be left parentless. Establishing in advance who would retain custody following such an unfortunate circumstance could be of critical importance in making an already difficult transition as smooth as it could be.

    Without a will, state probate law could place your children with relatives who you would rather not place them with, or such relatives may not really be able or willing to accept the custody of the children. Or maybe you would really prefer that someone other than a relative would take custody. In this case, a will would be an absolute necessity. In addition, you might also want to vest custodial control over finances to someone different than the person who has physical custody.

    These are not really pleasant things to think about, but it really is in your kids' best interests for you to think about them and to write down exactly what you want to happen should the worst case scenario occur.

    Share this answer with a friend:
  • Sho_small
    Reputation: 1226

    That depends. Technically, state probate law provides for distribution of an estate when you die intestate (i.e. without any sort of enforceable will or directive). Check out RCW 11 for more details. A word of warning, though probate law uses words like "slayer", it tends to be dry reading.

    If you are cool with how the state will divide your property by default, then you probably don't need to worry about it (but check with an attorney!) The reason a lot of people have wills is because life is complex, and many people have spouses and ex-spouses, biological children and step children, living parents, domestic partners registered and non-registered, etc. Oh, and many people also despise family or ex-family that would otherwise inherit part of the estate if not for a will. If your situation is complicated, or if you think that a family member whom you'd like to inherit part of your estate might be screwed in the state's default process, then chat with an attorney and get a will drawn up. Apart from that, you can make sure that all of your "designated beneficiary" ducks are in a row when it comes to your 401k, HSA, life insurance, etc. Not having a designated beneficiary for those accounts can be a real procedural bitch for the heirs and assignees.

    Share this answer with a friend:
  • 186131_561202121_6207190_n_small
    Reputation: 0

    Is there a specific reason why you're thinking about NOT making a will? have you had a bad experience or something?

    my husband and I made a will, we don't have a lot of stuff but we have 1 child so it seemed like the responsible thing to do. however we never did get it notarized....

    Share this answer with a friend: