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re: My parents are in their late 70’s and refuse to create a will

Posted on 4/28/26 at 10:23 am to
Posted by rooster108bm
Member since Nov 2010
3234 posts
Posted on 4/28/26 at 10:23 am to
quote:

on every visit I’m grabbing what I want. This trip is a matched set of Ruger red label o/u.


Are you an only son/child? Did he tell you to take them? If not you're nothing more than a piece of shite theif.
Posted by Swamp Frog x
Member since Nov 2024
956 posts
Posted on 4/28/26 at 10:24 am to
If they truly don’t have a bunch of assets and you are friendly with all your siblings it’s not the biggest deal. If you have a problem sibling and they know it urge them to do a will.

If there is no will all the assets will be split evenly among the siblings. Would have to go a lawyer to transfer the assets, especially if there is a house involved.

My big take away. It’s either they have a lawyer make a will now. Or you have to deal with lawyer asset transfer after.
Posted by RoyalAir
Detroit
Member since Dec 2012
7494 posts
Posted on 4/28/26 at 10:24 am to
quote:

Fact is, 95% of all of the stuff any individual owns is worthless to anyone but them.


It is, but it's very valuable to The State.

Setting up a proper will, and/or a trust, is vital to limiting tax burdens for the surviving family.

My parents are also in this stage of life, and are unwilling to handle this aspect of their mortality. My dad has literally said, "what do I care what you do with any of it? I'll be dead." I mean, that's his right, but it does cause a lot of future headaches that us kids will have to contend with, for months after death, potentially.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28562 posts
Posted on 4/28/26 at 10:24 am to
Not having a will makes almost no difference, especially in Louisiana. Most wills just say something to the effect of, “I leave all that I die possessed to my spouse, and should my spouse predecease me, to my children in equal portions.”

Intestate succession would do the exact same thing.

Y’all will just have to work it out.
This post was edited on 4/28/26 at 10:26 am
Posted by R11
Member since Aug 2017
5481 posts
Posted on 4/28/26 at 10:25 am to
Extremely irresponsible on their part

Just gonna create problems and hard feelings towards yall siblings.

Money does that
Worthless junk as well
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59221 posts
Posted on 4/28/26 at 10:25 am to
quote:

My dad is 82 and mom 8 years younger and never once have asked them about a will, is that not normal?


It's not about it being normal or not, it's about doing it while they are still alive in order to avoid at least some drama after they pass.

They should have already been on top of this and discussed it with their heirs. Many don't want to do it because they don't want to think about the eventuality of their death, passing it off as "oh, I don't care, you all just figure it out among yourselves" or something similar.

If they don't have a will, when they die the state will determine who gets what (see: intestate succession).

Some of the worst drama among families I've seen has come from inheritance issues which weren't settled prior to the person's death (ie: a will). It's going to feel ghoulish the first time you discuss it, but part of being an adult is recognizing when things need to be done regardless of how difficult they are.

Posted by Casual
Member since Apr 2026
29 posts
Posted on 4/28/26 at 10:25 am to
If they just want to leave everything in equal portions to you and your siblings when they die, then there's really no need to have a will.
Posted by hubertcumberdale
Member since Nov 2009
7304 posts
Posted on 4/28/26 at 10:26 am to
very good summary, thanks for posting
Posted by meansonny
ATL
Member since Sep 2012
26797 posts
Posted on 4/28/26 at 10:29 am to
With no prior divorces, you and your siblings should get along and have no issues.

Is one of your siblings an a-hole?
If so, a will can make that slightly better (but they can lawyer up and still be an a-hole even with a will).
Posted by meansonny
ATL
Member since Sep 2012
26797 posts
Posted on 4/28/26 at 10:30 am to
quote:

Setting up a proper will, and/or a trust, is vital to limiting tax burdens for the surviving family.


What kind of assets are you referencing?

This doesn't sound true to me in a situation where someone doesn't have a lot. But maybe im missing something
Posted by Havoc
Member since Nov 2015
39245 posts
Posted on 4/28/26 at 10:31 am to
Kinda. Mine are older also and I know they’ve taken care of things but have rarely talked about it with us. So kinda just plugging along but not really a worry just odd.
Posted by Hale Lipari
Member since Jul 2025
144 posts
Posted on 4/28/26 at 10:41 am to
Not legal advice but it depends where your parents live and it also depends on what your parents have in their estates - but if they live in Louisiana, Louisiana's laws on intestacy (i.e. dying without a will) are extremely specific, simple, and well written - most people do not need a will - when the first parent dies, the surviving parent will get a usufruct over the deceased parent's 1/2 of the marital community with any separate property of the deceased parent being divided among you and your siblings evenly - when the other parent dies, all that parent's property will be split between you and your siblings evenly
Posted by StringedInstruments
Member since Oct 2013
20883 posts
Posted on 4/28/26 at 10:48 am to
quote:

Am I wrong to say as long as you and your siblings get along and have an understanding you should be able to work it out amongst yourselves afterwards?


I know OP said there's not a lot of money to be had, but this is never a good idea even if they're close siblings. Once money or valuables are up in the air, people get greedy and irrational.
Posted by Tifway419
Member since Sep 2022
2228 posts
Posted on 4/28/26 at 10:49 am to
quote:

Am I wrong to say as long as you and your siblings get along and have an understanding you should be able to work it out amongst yourselves afterwards?
You’d think this, but too often things go sideways and it splits families apart.

It’s usually because one sibling is driven, successful, and financially stable. And the other is lazy, got some bad breaks along the way, and feels entitled to more than their fair share and holds resentment when the successful one just wants an even split.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44821 posts
Posted on 4/28/26 at 10:49 am to
quote:

but there are several of us siblings who will be standing with our dicks in our hands if we don’t have something to go by.


Count your blessings. You could be standing there with a dick in your mouth.
Posted by RolltidePA
North Carolina
Member since Dec 2010
5612 posts
Posted on 4/28/26 at 10:49 am to
quote:


Not legal advice but it depends where your parents live and it also depends on what your parents have in their estates - but if they live in Louisiana, Louisiana's laws on intestacy (i.e. dying without a will) are extremely specific, simple, and well written - most people do not need a will


Louisiana isn't so bad with this, but without a will it will include courts, possibly lawyers and the potential for family stress. It's all unnecessary considering how inexpensive a will is to get these days. One can be done through an online legal service for around $250 and will save a family a lot of potential problems.
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
23897 posts
Posted on 4/28/26 at 10:51 am to

Where there’s a way, there’s a will.
Posted by ChatGPT of LA
Member since Mar 2023
6271 posts
Posted on 4/28/26 at 10:52 am to
Cause once they write one, they are worried you all will turn in them and fight.

Do they have substantial assets? Life insurance to help cover estate taxes the kids assume?
Many financial vehicles have built in beneficiary elements that bypass probate, etc
Posted by Spankum
The Sip
Member since Jan 2007
62189 posts
Posted on 4/28/26 at 10:54 am to
quote:

It is, but it's very valuable to The State.

Setting up a proper will, and/or a trust, is vital to limiting tax burdens for the surviving family.



Please explain….

Unless the tax laws have changed, you have to receive one hell of an inheritance before it is taxed at all. It takes a hell of a lot of used household items to reach that threshold.
This post was edited on 4/30/26 at 1:30 am
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
139376 posts
Posted on 4/28/26 at 10:56 am to
quote:

Anyone else in this situation?

What did you do?


Sit them down and explain how a will can keep your family from fighting over whatever they have left. Went through that and it was awful.
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