Posted on June 14, 2010.
My mother told me that I am the executor of his estate, how can I make him write a will without a lawyer? She did not write the will, because it signals the death of her and frankly she does not want to be disturbed, I do not want to be unprepared when the time comes, I want to ask her where her insurance papers and the keys to his private mailbox and other things I should know, but she refuses to give me a direct answer. What should I do?
I saw more problems in the past 34 years with people who think they will put a little money by writing their own will. Of course, people can write their own will, but often they do it in a manner that causes expensive mistakes. Best idea is to involve a lawyer.
The best way to approach a parent who is facing her own mortality? Be direct. It's like the old Nike advertising. JUST DO IT. If there is no will, relative to a certain degree of relationship could ask the court for letters of administration. Of course, the intestacy laws are a form of "will" for people who are not motivated to write wills, intestacy laws are often not what people want.
If there is no will, just think, no charitable donations to church or charity, no special consideration of children or grandchildren with special needs, no gifts to people who are outside the immediate family. In cases of intestacy, while the percentage is based on the degree of kinship.
JUST DO IT. Sit Mama in advance and know the following:
(1) What it has and where it is - it deals with banks, real estate, it owns, etc.
(2) tax records - old tax returns, etc.
(3) Are there life insurance?
(4) What is the funeral? What funeral? Funeral expensive? Cremation or cheap?
(5) Specific items of property to go to some children or grandchildren? Wedding Ring grandmother, grandfather clock, all antiques, etc.
(6) charitable donations - If Mama tithed to the church, it might want to donate his property to the church.
(7) Does it treat all children as well? Or does it give less money to the girl who married a rich doctor? If she has a child who has predeceased him, she wants to share this child of the deceased to go to his or her children (issue), if they died with the kids, or does she give the surviving spouse's share this child died.
TIME is of the essence. I had a client who has done nothing, and then he went and was killed in a traffic accident.
http://www.handelonthelaw.com/
You at least need him to make a will. Did she sign before witnesses og.
you are not the executor of her estate to all that she has no will. Making a will without a lawyer is very very difficult.
You can be appointed executor or in a will. A person can not simply your name as such. Being named the executrix (female) means that the will was written names such as you. It can be written on a brown paper bag as it is registered and under oath before the county clerk. Otherwise, you're dead in the water and probably headed to the Probate Court.
If she has not a kind of living trust, including a will, there will be no estate to administer. The system is designed to steal every penny they have, and to exploit the situation when the family members mourning the loss of somebody they love, and unfortunately, it is a system that works incredibly well. If there are things of value, it must begin to distribute them.
No bank or financial institution is bound by a will or a proxy. If you do not get to him, you find yourself in a constant struggle to accomplish anything. My father thought that W.