August 29, 2010

I Need a Last Will and Testament

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I woke up earlier than my husband or dogs today and immediately thought about our assets. I can't explain why I thought of assets, but I knew I needed to research my options for estate planning. I looked up online what happens if I die without having a will. Since we have our first child on the way, we need to start making smart decisions for his future.  I always just figured my belongings would go to my husband upon my death. As it turns out, without a will, my husband only gets joint belongings. The remaining 2/3 of my "estate" goes to my parents if they're alive. If they're gone, my estate goes to my siblings. I don't like either of those options. I want my husband getting my belongings. As it stands, our mortgage is only in my name. So, if I died tomorrow, the home my husband has been living in and paying for would be taken away from him and given to my parents. As some of my readers know, I am not close with my parents like I should be, and that would not be an option for me. My husband is my life.

Of course, there are family photos and childhood items I'm sure my family would like to have, but I know my husband would have no problem giving them to my family. I just want the power to decide to be placed in his hands. I have my $30,000 engagement ring that needs special rules. Since it's a family heirloom, I need it to stay in the family. It's been passed down to me through several generations of women from my dad's side of the family. If I died before having my son, I would want my husband to give it back to my father. If I died without having a daughter, my son would not automatically get the ring. My husband would have to hold onto it until Bryce has a daughter. We just have to be very careful to ensure the ring doesn't end up leaving the family due to divorce or some other nasty legal issue.


Anyway, I looked into Legalzoom.com for starters. The price to get a will through that website was under $100. Upon reading some complaints and reviews, I decided that DIY will resources were not for us. We need real, legal advice from a lawyer. I need to make sure the will is legally sound and strong enough to hold its own in court. I would like to have our wills each done before Brycen arrives in December. If that's not financially feasible, I want to at least make sure we have our plans written down (along with our asset inventory).
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5 comments:

Amanda said...

Great idea, I have been trying to get ours done for months now!

Stephanie said...

We had our wills done when I was expecting our first. We used a real live lawyer and it really wasn't that expensive. |Hardest decision for us. If something happens to both of us, who gets the kids??

Amanda said...

I have been trying to get this done forever! I WILL get it done on my maternity leave before the baby gets here. I have a few weeks to make sure it happens so hopefully I am successful.

Amanda said...

Haha I had no idea I had already left a comment...see I still haven't done it but at least now I know when and where to go and get it done so I have made SOME progress. :)

MoonStarFalling said...

You'll also need a Living Will when you get to the hospital. It's not a MUST but it's a real plus to have. It's one of the first things my hospital asks for when you check in.