Asked by Edna  |  Submitted September 20, 2013

How can I put together a Last Will & Testament and is it necessary?

I'm 75 and widowed with 3 children and 5 grandkids.

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  Answers  |  2

September 24, 2013

Everybody has a last will - the choice though is do you want to draft it now, or do you want the probate court to draft it for you. You can dictate the direction of your assets when you pass by drafting the will now, otherwise the courts have to guess where you would give your money. It all depends on state law, but likely anything left behind would be split between your 3 children with nothing going to the grandkids. So while it is not necessary, it is certainly suggested. You may hire an attorney, but if you feel comfortable, you can look for an online do-it-yourself solution as well. Best wishes...

$commenter.renderDisplayableName() | 10.24.20 @ 01:09


September 14, 2015

One thing you need to consider with a will and your children as beneficiaries is if one of them die prior to your death do you want the money divided 2 ways between the remaining children, or in 3 ways with 1/3 of the estate going to the deceased child's children (grandchildren). This is something I know you don't want to happen, but I am sure it happens often. I know myself that my grandparents stipulated in their will that the money could only go to a direct blood descendant so any grand-child that was adopted would not have inherited directly from them even if their parents had died first.

$commenter.renderDisplayableName() | 10.24.20 @ 01:09