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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 13870
Experience:  Experienced in multiple areas of the law.
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Hi I recently lost my husband (no will, no problem though),

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I recently lost my husband (no will, no problem though), everything we own is paid for. I'm wanting to know do I need create a will and trust in case of my death for my grown children for our house and land? Thanks, Shelia
Thank you for your question. My condolences on your recent loss.

In answer to your question - you aren't required to make a Will or trust, but doing so would allow you to control the distribution of your assets in the manner and percentages that you wish (in other words, you can say whom gets what, and how much). If you do not make a Will or trust, and you should pass away, then your estate, that is, everything titled solely in your name would pass according to state law, which is Arkansas says each child gets an equal share. There may be other assets, besides your house and land, however, that you want specific persons to receive, and for that, a Will or trust would be necessary.

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