could it be a reference to the division of matrimonial property? in some jurisdictions, that’s a separate aspect from the divorce proceedings, and once the claim has been brought in the courts, I could see that it might survive the death of the spouse, depending on the law of the jurisdiction.
DO NOT download a form off the internet and get it notarized, or try a “do-it-yourself” kit, or similar things. They are almost never well-drafted or acceptable legally, and people invariably mess them up.
You are actually better off under intestacy should there be a dispute than you will be with one of those wills, even assuming they are validly executed under the laws of your state.
it’s not going to cost you more than a grand or so unless you have some pretty tricky stuff going on. Think of it like plumbing – you’re probably ok with your current pipes, or you can call in the plumber to replace them. Trying to do it yourself means you’re going to flood the living room, hook up the hot and cold backwards, and you’ll probably end up electrocuting yourself.
Unless you live in a state that provides statutory fill in the blank wills that are available, for free, online. Such as California, which publishes the always fascinating “Do I Need a Will?” and its sequels “Do I Need a Living Trust?” and “Do I Need Estate Planning?” California provides a free, simple will for residents. There may be other states that do the same.
I don’t really understand the reasoning, but I do agree that it’s better to have a legally valid will than a legally invalid will.
Uhhh, close. Except that no one has died. And we are not separating. And we have two kids, not three. And the two kids are adults. Otherwise, it’s exactly like my situation. 
This site offers wills for $20 and is championed by Dave Ramsey, the financial advice guru (for whatever that’s worth). Any opinions on U.S. Legal Forms . com?
Thanks for all the input, everyone.
When I first tried to get a divorce 5 years ago the lawyer wouldn’t touch my case (long story) but she went on and on about not letting me leave her office without doing a will and a POa to protect myself and my estate and especially my infant son in case something happened to me and my husband swooped in.
Im glad she did. Nothing has happened, but working with the seniors population has taught me a lot about weird things that can happen when Powers of Attorney, Living Wills and Wills are not updated.
Yes.
In my professional opinion, it’s worthless.
The only specific legal advice I will give you is that you need to consult an attorney who does wills in your jurisdiction. This is not an area you should skimp on, and it’s not an area where you can figure out how to do it on your own.
Furthermore, an attorney, if the pooch is screwed, will have insurance. You (or more precisely, your heirs) do not.
Hire an attorney to do your will, and have them do powers of attorney and all the other stuff. Don’t be yet another example of some cheapskate who didn’t want to pay a lawyer and ended up in a casebook as an example.
There was a famous English case about a century ago, where a fellow got a pre-printed will form, filled it in, and that was that. When he died, litigation resulted.
The judge on the case outlined the facts in his judgment, and stated something along the lines of: “So the deceased filled in his will form, thinking that he had done a good day’s work. And so he had - for the legal profession.”
Where I live, and in many other US States, there is no such thing as ‘automatically split[ting] the estate.’
The automatic is that if you die w/o a will, your estate goes to probate. Then it’s nothing but red tape.
Again, it depends where you are. In NJ, you can avoid probate entirely by having a “self-proving” will.
Someone earlier pointed out that “divide everything evenly” often does not work out the way you intended. A will designates a specific person to execute it and decide what “evenly” means. Does it mean sell every single item that remains and split up the results? What happens when both heirs want the dining room set, or the crystal chandeliers, whatever?
It didn’t happen in my family because the folks didn’t leave much that was other than sentimental in value and my sister and I had no conflicts over anything. She had always wanted a particular furniture item, for example, and I didn’t really care. But there are horror stories of siblings who never want to speak to each other again because one of them just knew dad or mom would have wanted them to have some item or other.
When my dad died I had more cars than I needed, really, so I had no problem with my sister’s daughter getting his. But suppose I’d had a daughter who also really needed a car? Much, much better to have it all sorted out ahead of time.
Finally, if you do nothing else be absolutely sure that somebody has a durable power of attorney for heath care, and that you have statement of preferences in medical matters if you are unable to speak for yourself. When my father was in the hospital during his terminal illness, there was more than one time where it seemed to my sister and me that he was in more pain than was necessary and the staff on duty said, oh. no, we can’t give more of that, it would slow down his heart rate or some such thing. Being able to point to the “living will” and the durable power of attorney for health care enabled us to insist that he be allowed to be comfortable.
Consider also - if the OP wants to have his adult children inherit something, what happens if one of the children dies at the same time or before him? Would you have wanted their surviving spouse to inherit anything? Your grandkids from that marriage, but not the spouse?
In my real-life case, my paternal grandmother died when she was in her 70s. At some point after that, my paternal grandfather had a will written up, or updated a previous will, indicating that his four children should share the inheritance, most of which was the family farmhouse and land.
Almost 20 years after his wife died and with him in his early 90s, his youngest son (my dad) died in his early 50s. He does not update his will.
About 10 years later, aged a few years past 100, my paternal grandfather died. The will was read, and my father’s 1/4 share was split, between my sister and I, who were both adults at the time. I had assumed it would have gone to my mother, but that’s the problem with assumptions…