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Seniors in WA desiring community property will, having estate go to surviving spouse, and then distributed to children @ death.
Anonymous2 views3 answers
We have daughters from previous marriages and want our wishes to be clear so there won't be any disagreements. Since we live in a community property state, is it necessary to have a will? It's our understanding that if a spouse dies everything will automatically go to them.
Our main concern is that our wishes be clear to our daughters, so there would be no disagreement among them. Our estate is simple - seniors mobile home, cars and some $. We would have 10% go to our church and the rest to the 3 daughters. If the surviving spouse was no longer able to take care of themselves, is there some paperwork that should be done to say what we would like to have happen then?
Are there documents on line you could recommend for us to fill out without hiring a lawyer?
Thank you!
If you pass without a will, all of the community estate will pass to your spouse and a portion of any separate estate will pass to your spouse. See the link below for more details.
Simple wills can be done relatively simply. You just have to make sure you follow the formalities of signing and witnessing the will. Again, see below for more information.
There are a lot forms and programs available to help you write a simple will. The challenge - and why many people use lawyers - is to be absolutely sure that it does what you want and all the formalities are followed.
It is commendable that you want to avoid disagreements later; blended families are where most of those disagreements arise so this is a good step. You should at least do a consultation with an attorney to see if you are on the right track. In your area, I like:
Elizabeth Rankin Powell
535 Dock St Ste 108
Tacoma, WA 98402
Office: 253-274-1518
http://www.attorneyqna.com/attorneys/98402-wa-elizabeth-powell-30896.html
Be careful with do it yourself on-line forms. I have seen some that are disasters waiting to happen. A Trust may be a better way for you to go that a Will too, depending on how you want to govern what happens on the death of the second of you. Three daughters means the estate is not divided equally but instead half to your child or children and half to his. Be clear on what you are doing and seek an consultation to start.
This is intended to be general guidance and not necessarily state specific advice. There are some concepts that are the same or similar in most jurisdictions but not all. Use the .com web site to find an attorney in your area for state specific advice. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation FREE OF CHARGE. You will then be in a better position to determine what to do next. Best of luck to you!
Ryan William Velo-SimpsonWills and Living Wills Lawyer ·
You should go see an attorney. Yes, there are alternatives to discussing your plan with an attorney who practices estate planning but they often times fall short of achieving exactly what you want. The benefit of an attorney is that they will be able to meet with you and listen to exactly what you want and then draft the legal documents that will accomplish that. There is no substitute for this face-to-face discussion of you needs and goals and explanation of the law. You can find reasonably priced estate planning attorneys who can handle this for you, most likely for less than a thousand dollars. The piece of mind you will get from knowing you have done everything right and that your wishes will be carried out is worth much more that I am sure.
