wills...like when you die.

[brushtrooper]

I am 45 and have a small amount of cash built. Not much more than it would cost to have to be buried to be honest. Is there an on line Will that I fill out or do I have to go through an attorney. What if I have alot of money stashed in the mattress?

[220swift]

Opinion

My advice would be to find an attorney. A simple will should not cost an arm and a leg and can really come in handy. If you want the State to decide where your estate should go then don't bother...

[EdO]

Texas is one of the few community property states (I think, a dozen, or thereabouts). If you die, your spouse, gets the property. Not sure of any exemptions. It's always good to have a will. It doesn't have to be complicated. Mine is very simple. I die first, wife gets everything. Wife dies, then I die, all property in OK goes to eldest daugherter, all propertey in TX goes to youngest daughter. That's pretty much it. You do need something that says who gets what, but you can always change your mind. It isn]t written in stone.

[Buckshot-73]

uslegalforms.com. And pick your state.

Dave Ramsey recommends them, get a will, power of attorney, and living will for like 30 bucks.

[equin]

Definitely recommend you go with an attorney.

[jpbruni]

A will is good, but a Living Revocable Trust is way more important. Lawyers, $$ and Probate are not needed and it can be easily modified while you are alive.

Here's a link:

http://www.suzeorman.com/blog/why-everyone-needs-a-living-revocable-trust/

[Grayson]

Oh geez.....not many posts and already some bad/false information. PM me if you'd like to talk about it.

[Ruark]

Lots of things you can do. If you die intestate, your spouse inherits everything. If she's not around, then your kids divide it. Get a lawyer to help if you want it done differently. You can also do things like have beneficiaries on your bank accounts so they can quickly access the funds without a bunch of red tape. Or simply add a child's name to your account. Lots of things you can do.

[Moose]

One thing I've learned is wills and power of attorneys aren't much good for anything......

[Huntindad]

Oh geez.....not many posts and already some bad/false information. PM me if you'd like to talk about it.

think I would listen to this man...

[Snakelover]

I am 45 and have a small amount of cash built. Not much more than it would cost to have to be buried to be honest.

Sounds like your will is going to be extremely simple so you're probably a candidate for a "form" will. Probably at least as important as the will in your case is getting an inexpensive term life insurance policy that will at least cover the cost of funeral expenses. That would make things easier on your family in a difficult time.

[whitetailfanatic]

One thing I've learned is wills and power of attorneys aren't much good for anything......

Moose I'm listening tell me more?


me and my wife talked about this the other day and of course still have done nothing

[equin]

Oh geez.....not many posts and already some bad/false information. PM me if you'd like to talk about it.

100% agree. Again, I highly recommend the OP consult with an attorney.

[Moose]

Moose I'm listening tell me more?





me and my wife talked about this the other day and of course still have done nothing

When my Grandmother died in 09, my mother was her sole caretaker and power of attorney. She had been listed on her joint checking account since 1976. My brother was listed as the executer of the will followed by next brother and finally myself. The will also said if contested the contesting parties would lose anything they may of had coming. The will also stated that any legal fees for would be taken directly out of the estate to handle any contest. Btw the estate was only worth about $40k. Needless to say after 3 yrs of being contested and drawn out by the lawyers the estate was all used up. Of course this is a very shortened version of all that happened. But after that I lost all faith in the will process-

[Burnadell]

Texas is one of the few community property states (I think, a dozen, or thereabouts). If you die, your spouse, gets the property. Not sure of any exemptions. It's always good to have a will. It doesn't have to be complicated. Mine is very simple. I die first, wife gets everything. Wife dies, then I die, all property in OK goes to eldest daugherter, all propertey in TX goes to youngest daughter. That's pretty much it. You do need something that says who gets what, but you can always change your mind. It isn]t written in stone.

Not exactly true! The spouse only inherits half, and that can be even more complicated than that... But you are correct that it is ALWAYS good to have a will.

A will is good, but a Living Revocable Trust is way more important. Lawyers, $$ and Probate are not needed and it can be easily modified while you are alive.

Here's a link:

http://www.suzeorman.com/blog/why-ev...vocable-trust/

JP, I would not place much faith in SuzeQ. She has provided bad advice before and, I think, admitted as such. That said... Most people that I have seen with a Living Trust did not get everything, including vehicles, all real estate, all mineral rights, and other assets acquired after the formation of the trust; therefore, they STILL had to probate the pour-over will...shames as if they did not even have the trust. If the trust was drawn correctly, it should have a pour-over will included...and many times that has to be used.

Probate in Texas is simple, relatively inexpensive, and MANY times, it costs more to go to court to straighten things out than if the deceased had just gotten a will prepared initially.

Oh geez.....not many posts and already some bad/false information. PM me if you'd like to talk about it.

Are you surprised?

Lots of things you can do. If she's not around, then your kids divide it. Get a lawyer to help if you want it done differently. You can also do things like have beneficiaries on your bank accounts so they can quickly access the funds without a bunch of red tape. Or simply add a child's name to your account. Lots of things you can do.

Not exactly true!

One thing I've learned is wills and power of attorneys aren't much good for anything......

Not accurate.

When my Grandmother died in 09, my mother was her sole caretaker and power of attorney. She had been listed on her joint checking account since 1976. My brother was listed as the executer of the will followed by next brother and finally myself. The will also said if contested the contesting parties would lose anything they may of had coming. The will also stated that any legal fees for would be taken directly out of the estate to handle any contest. Btw the estate was only worth about $40k. Needless to say after 3 yrs of being contested and drawn out by the lawyers the estate was all used up. Of course this is a very shortened version of all that happened. But after that I lost all faith in the will process-

Not enough info to decipher why, but any will can be contested. Perhaps it was poorly drawn, but FYI, a Power of Attorney expires upon the death of the grantor, so it would have no bearing.

None of my above posts are meant to provide leal advice; I am not an attorney, but I have seen enough estates trying to get distributed to attest that it makes sense (and cents) to get a will prepared from the start!

I just recently got a call from an oil company in Oklahoma City that owed my grandfather (now his heirs) for accumulated dividends on some old stock that no one knew he owned. The stock and dividends were worth ~$30,000. My grandfather died in 1961 in Oklahoma WITHOUT a will, and my grandmother died in 1984 without a will, and my uncle and aunt died without wills . My mother was the only one who had a will when she died, and I have feuding cousins!

It was not easy getting that straightened out, but fortunately my sole surviving aunt found knew an 85 year old lady who knew my grandparents, and she was willing to sign Affidavits of Heirship. I had to travel to Oklahoma several times to get certified copies of birth certificates and check probate records, and spend considerable time but got it done even without an attorney...but only because I had a little knowledge of what needed to be done. Without the Affidavits of Heirship, we would have needed an attorney and go to court...at considerable expense.

I could tell other stories of my clients...

Folks, get a will, and have them prepared by a competent, and thorough, attorney!