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Honored Contributor
Posts: 10,254
Registered: ‎03-10-2010

Re: Just curious a Will or a Trust ?

[ Edited ]

I wanted to add.  Every state is different.  I had the attorney of my dads brother contact me several years ago.  My Uncle, who I had met three times in my life and had literally no contact with my adult life had died.  I was left his estate because  his  wills was tossed out due to dementia and him making several wills at the bequest of a couple women.  Unbeknownst  to me this  was frontpage news in Bay City,  i was left money because I was the first in his blood line alive   He had no children, and his wife had passed.  He had a wonderful niece of is late wife who I found took care of him on and off when he wound allow it.  His estate included money of his dead wife that belonged to her family.  Long story...  the short of it is all this wasnt legally binding.  The money was going to me, because of law  i righted the ship here, but how people would have  i couldhave  never taken money that in truth  should have gone to others.  I had to hire an attorney to do so, money was taken out of proceeds   It took me almost 2 years to clear this up and direct inheritance to rightful people.  

 

also, 10 years ago  when my moms partner of 35 years died.  My mom was executor and trustee.  She sold his home and gave proceeds to her companions only, childless son. His share of proceeds were near half a million.  He put money in bank. He had a wife.  6 months laterhe died.  And believe it or not 5 months after that his wife died.  We didnt really know them well at all   They died intestate  we heard from their county probate attorney. They were looking for blood relatives.  They thought maybe we were. They money went to the wifes estranged sister, every penny You never, ever know

Trusted Contributor
Posts: 1,934
Registered: ‎08-20-2012

Re: Just curious a Will or a Trust ?

After many inquiries we chose a trust. Our lawyer explained the difference and we knew we were making the right decision for us.

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Esteemed Contributor
Posts: 7,740
Registered: ‎03-11-2010

Re: Just curious a Will or a Trust ?

What does your attorney say?

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Respected Contributor
Posts: 4,237
Registered: ‎03-10-2010

Re: Just curious a Will or a Trust ?

You really need to talk to a lawyer to decide whether you need a trust or a will.  Everyone's financial situation is different, it's not a "one size fits all".  Get a recommendation of a good lawyer that does trusts and wills and let him/her advise you.  

Honored Contributor
Posts: 10,254
Registered: ‎03-10-2010

Re: Just curious a Will or a Trust ?

Someone askedabout te age you should have awill.  That is tough one.  Depends on assets,  children and lifestyle.   I would say by 55 and see to updating it after retirement to include all retirement funds, life insurance enfits, etc   The  update it it if necessary as things change.

Esteemed Contributor
Posts: 5,123
Registered: ‎03-11-2010

Re: Just curious a Will or a Trust ?

In 2006 I was diagnosed with cancer - so I immediately went to a paralegal and had a Living Will set up. Was not expensive as my Trust was very simple. You definitely need to find a paralegal or estate attorney - depending on whether or not u have many assets, etc.

Several years ago, the father of someone I know, passed away and he didn't have a Will or a Trust (obviously, he preferred that his family would have to go thru probate). Which was very expensive and took a long time to settle. This man only had 2 daughters and his Will was not complicated --- why he didn't have one written up is beyond me. 

 

Respected Contributor
Posts: 3,050
Registered: ‎03-19-2010

Re: Just curious a Will or a Trust ?

@LuvmyLab @Agree completely.

 

 The one thing I'll add is to also have a will so you can leave specific things to either your son or daughter..... or anyone else.  That should be in a will.  Get the advise of a good attorney on how you'll fund your trust... your home, bank accounts, investments, etc all should be changed to the name of the trust once you have one.  The only thing that cannot be included is something like a 401k.  
See an attorney.  

 

Honored Contributor
Posts: 32,243
Registered: ‎03-10-2010

Re: Just curious a Will or a Trust ?

You need to speak to an estate planning attorney.  Even if you have a trust, you may need a will.  

 

Please do not come to this board for legal advice. This is too important.  Take it from someone who is a paralegal and handles estate planning and probate.  And please don't try and do the paperwork on your own. 

Respected Contributor
Posts: 3,306
Registered: ‎05-09-2016

Re: Just curious a Will or a Trust ?

Attorney. PLEASE hire an estate attorney. Everyone's situation is different, as are the laws in each state. Taking/soliciting legal advice from a shopping channel message board is a really, really bad idea. 

~The more someone needs to brag about how wonderful, special, successful, wealthy or important they are, the greater the likelihood that it isn't true. ~

Honored Contributor
Posts: 10,254
Registered: ‎03-10-2010

Re: Just curious a Will or a Trust ?

[ Edited ]

I dont think  anyone here is getting actual legal advice for petes sake.  Just an opinion... as to what age the got their their will or trust, an just general questions.  Personally, we went to an attorney that specializes in wills and trusts.  I got several referrals.  Thtawasn't good enough for me.  I went to Bar association in California, whereI lived and looked him up.  But still, not good enough.  Bar association will tell you if they have ever had any complaints,inquiries or misconducts, suspensions .  Yes, there are are disbarred and suspended attorneys taking money out there.   I googled  and yelped.  Made an appt, went in and met the attorney.  The first 30 min to 1 hour visit is free.  You can go to another attorney  if you meet him and they  gives you heebie geebies.

 

again personally, unless you rent, and have a super uncomplicated life and assets I would never do legal zoom, or do it yourself.   An attorney isn't that much money, really  they usually charge a flat fee for will and trust.  Noworries about that clock ticking.

 

every single state is different when it comes to legal matters. I would hope a person would go through an attorney and get it done right.   We live in california, I ma married with grown kids and grands.  We have a couple homes and assets...and still ours was a very simple deal.  Here inCalifornia we opted, as most everyone we know for a living trust.  When we inherited stuff, we just signed a paper to include it in our living trust.  They look at trust, have you sign it.  You pay 30 bucks for a signature, and never see an attorney