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Nov 07, 2007 -- Don't let the state decide what to do with your estate!

Do you want a free pass to financial trouble? Try being among the more than 50 percent of Americans who does not have a will! In a surprising twist, Forbes recently revealed that 1 in 3 wealthy Americans doesn't have a will either. What's going on, people? Clark wants to guilt everyone into having a will. Did you know that if you have minor children and don't have a will, the state can take your kids away at the time of your death and decide who gets them? They could go to a stranger or a relative who can't get their life together. Likewise, the state can decide who gets your money if you die and don't have a will. It could go to a family member you don't like, while your spouse may only get 10 cents on the dollar.

If you made a will years ago, you may need to dust it off and update it. You can do this yourself if your financial situation isn't too complicated. You can also go to a site like LegalZoom.com or try the highly respected WillMaker software. But you should go to a specialist if you have substantial money to protect. Retirement savings really need close attention. The beneficiary designation on your 401(k) or IRA accounts will trump whatever you have in your will. So check those designations carefully! One final note: California may be the exception to the rule that living trusts are not useful and should be avoided. That's because the Golden State has a very corrupt probate system. Some lawyers have even been able to arrange guaranteed revenue for themselves as a percentage out of someone's estate. If you own real estate in California and live elsewhere, you may want to hold it in a trust to avoid these corrupt probate courts.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • avoiding squabbles
    Our wills from Quicken Willmaker state that anybody contesting the will is automatically disinherited. BAM!
  • dad died no will or can't find info on home
    my dad died june 06 and as I understand it he left no will,the home is be solded after his wife dies.How can I check this info to be sure I am not being lied to or to find the truth of what is going on with the home now.?
  • Wills
    In my opinion, the problem most people create when writing a will is when multiple people/children are named as beneficiary of the assets (home and or business). One person may feel that the legacy needs to live on and their parent worked too hard to establish the business to just sell it after their death. Another person may be thinking more logically and know that they have no clue how to run the deceased parent’s business and the assets should be sold and the money divided. It’s my opinion that assets should be sold and the money divided. If one person is passionate about taking over the family home or business, they can buy it with their half/third/fourth of the proceeds from the estate. If they do not have the money to do so, too bad! I have not been in this situation, but I have heard of many family squabbles. We are preparing to write our will and you can bet that it will say that the assets are to be sold. We have no children, but we want to make things simple for our relatives if anything were to happen. The grieving process is tough enough.
  • typical post
    Whenever there is a post on-line, it's always some negative comment like the one I just read on this thread. Are there that many miserable people in this world?
    Andrew
  • wills
    Why should anyone make a will when some unhappy child decides they do not like it. they can drag the process out till there is nothing for them or any one. BUT the bills have to be paid by some one and that some one ends up coming out of their pocket with NO pay back. DEKALB county probate court s##&?.
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