ANSWERS: 4
  • I don't know if it will help - it seems your husband is intent on keeping his head in the sand - but... Have you explained to him how much the uncertainty is upsetting you? If you can explain to him that it is important for you in terms of comfort for the future and stress levels, then maybe he might do it for you rather than for himself. If you tell him it is about more than just money (like - peice of mind), maybe he may be able to see it from a different perspective. Is he perhaps concerned about the cost of getting a will made? There may be a way you can make the idea cost-effective to him if this is his concern. Good luck
  • Pick up a book about financial planning that also discusses the importance of having a will, and read it aloud to him, or highlight the important areas and ask him to read them. Make an appointment with an attorney, and get him to go! If you die without a will, the state will distribute your property to your heirs according to the state's intestacy statutes. The statutes might call for a distribution that is similar to what you want. Then again, maybe they won't. State intestacy laws will provide how the sum total of your property is to be divided among your heirs. It can't provide for who will get certain specific items of your property. This can lead to many problems. Your heirs may not agree on who will get certain items of your personal property. For example, say you have inherited your grandmother's wedding ring and intend to pass it on to your daughter. If you die without a will saying that is what you want, your son may feel very strongly that his wife should have it. So even if you don't have a lot of assets, you may be concerned about making sure that certain items of your property go to the people that you want it to. You can do this with a will. Another misconception about having a will is the idea that having a will causes your heirs to have to go through probate, and that it will be difficult and expensive. If you die without a will, the court is still going to have to oversee the distribution of your assets to your heirs. There is absolutely no reason to think that this process is made easier or less expensive by your not having a will. In fact, it will probably be more expensive. For one thing, whoever administers your estate will probably have to post a surety bond if you don't have a will. If you do have a will, not only can you choose the person who will administer your estate, you can provide that he or she will not have to post a surety bond. Do you have minor children? If so, you really need a will. If you don't have one, the probate court will have to set up a conservatorship to manage your children's share of your property. A judge will decide who manages the money. When each child turns 18, he or she will get his share, whether they can handle it or not. If you have a will, you can decide who will manage your children's inheritance on their behalf and you can choose the age at which you want it to be distributed to them. Even if your estate is small, there are good reasons to have a will. You should see an attorney who practices in the area of estate planning or wills and trusts. This attorney can also help you decide if you need more advanced estate planning techniques and help you implement an estate plan that is best suited to your needs.
  • I take it he has never had to deal with the estate of a person without a will. Even with a will (or a trust, in my mother's case) we had hassles. People who usually get along arguing over what to do with the stuff. My ex FIL died yesterday, and he has a will. He had put his step daughter on his checking account, so she could pay his bills while he was in the hospital, and pay for the funeral (he knew he was dying). His will states everything is to be split by his 2 sons, and his step daughter. According to a lawyer they consulted the checking account legally belongs to the step daughter, and she doesn't have to split it with anyone, and says she won't. With a balance of 20 thousand dollars in that acct, that is most of his estate. I am sure that is not what he intended to happen, but that is what happens when you just assume everyone will understand (and follow) your wishes.
  • Ask him, what if you both die together, then what? I would set up an appointment with an attorney that deals with that stuff, and tell himm, he does not have to say a word, just listen, I guarantee you, he will say something, if he feels it is important enough, and he will gain some knowledge.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy