Is is true that in some states when one does not have a WILL that the state can take custody of their children and much more?
2006-11-17 11:43:39 · 8 answers · asked by Donald S 1 in Family & Relationships ➔ Marriage & Divorce
I believe the children would go to the next of kin, closest family member if one is not stated, and if you own property of any kind it would go into probate and have to be settled there. God bless**
2006-11-17 11:45:49 · answer #1 · answered by ? 7 · 0⤊ 0⤋
An earlier answer stated that trusts are important only if you have a lot of money, many people feel the same way about other estate planning methods and they are all wrong. The fact is that estate planning is for almost everybody - if for no other reason than to make things easier for your loved ones at a time when they are the most vunerable and needy - the time of your passing. In many cases the less you have the
more important estate planning is because it is more important that what you do have is properly dispersed. So, be kind to your family now - while you still can.
Each state has a set of laws that kick in if and only if the person that dies does not have a will. These laws are all very similar and follow a logical progression of passing an estate to the next of kin in a predetermined order. A problem may arise in that it does not take in to account personal feelings or special family situations - it is stricly by the law. The special needs person, black sheep, special relative, trusted friend, and hateful relative all treated the same.
2006-11-18 10:29:22 · answer #2 · answered by Gary B 2 · 0⤊ 0⤋
Only if your children do not have a biological parent in place and/or other family members contest the existing arrangement. Once youhave kids a will is essentail for you to keep the bulk of your assets ii their possession and if reduces the problems they will have converting your assets after death. In addition there are clauses i a will to let your family know how you want to be buried, organ donation, etc---things that PREVENT family feuds as those left behind will be fulfilling YOUR wishes and not go about things trying to figure out or argue amongst each other about what you would have wanted.
2006-11-17 19:50:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Living trusts are a waste of money unless you have alot of money or very valuable property.
But my husband and I are signing a Will stating who gets custody of are daughter if we both pass. That way there is no fighting... They can fight over my possessions all they want but not over my kiddo. We just want to make sure that she is well taken care of if anything happens.
2006-11-18 03:53:24 · answer #4 · answered by babydragonspawn 3 · 0⤊ 0⤋
My father almost lost 300 acre to the State because he wouldn't listen, they finally got him to sign a living trust just before he got sick, he passed away within a few months of the limit.
The land was worth almost 20K an acre.
2006-11-17 20:35:02 · answer #5 · answered by cowboydoc 7 · 0⤊ 0⤋
Every thing will go into probate and if a family member don't take the kids they will be in a home so take care of that and yes it is true.we went through it my uncle took the name off that he had on it but never made there to put my mom's name down so a daughter he had out of town that never came to see him not after he got sick she got the money. she started getting more friends then she ever had got on dope and later she died. the point is he wanted my mom which is his baby sister to have his money but she did't get it so sign your papers.
2006-11-17 19:54:31 · answer #6 · answered by quinnsexylou 2 · 0⤊ 0⤋
Your relatives all fight for whatever you left behind.
You wind up on the news ala Terry Shiavo.
2006-11-17 19:45:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes it is totally true, not to mention that ur family will have one hellava time getting anything settled and they could loose everything trying.
2006-11-17 19:45:37 · answer #8 · answered by Nora G 7 · 0⤊ 0⤋