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Help with Last Will and Testament? |
Me and my husband need to do our wills. If we get the Last Will & Testament forms from an office supply store, will that be legitimate enough? In other words, do we need to get it notarized? Also, where do you keep these papers...in the house? We are young, but we have quite a few assets that would be left behind and we have no kids, so we would leave it parents and siblings. GO SEE AN ATTORNEY! The money spent wil be well worth it. Get it notarized - it needs to be a binding legal document. If you don't get it notarized it can be contested which defeats the purpose of estate planning. your last will and testament can be written on a cocktail napkin if you want it to be. As long as whoever is enforcing the will is able to proove when it was made, and that it was made free of distress (like if someone had a gun to their head), the will can be enforced to it's fullest extent. If however there are assets that are not discussed, the general rule of thumb with wills is that your direct family will have your assets distributed proportionately. You could write it on a napkin and it be good. Most states require 1 or 2 "witness" signatures. To make it more secure, It ought to be on a legal form or done by a lawyer. Just be sure you get it recorded at the courthouse. In Missouri, wills need to be notarized. Keep all important papers, like titles, wills, deeds, etc. in a fire proof place like at the bank in a rented box, safe from fire, storms, and theft. I'm not a lawyer, but I just finished re-doing my own will ;and medical directive along with a durable power of attorney for health care, so if I should be in a coma, someone would know what treatment I want, or not, and be legally able to let medical people know. Good luck. First thing you need to do is check with the probate clerk and make sure you can draw up your own will. Varies; in some states you can't. 2nd ask them how many witnesses you need to have it accepted as valid (or if it requires any weird paperwork like a self proving affidavit). 3rd you can probably download the will from teh net for free. Have all signatures notarized. It is worth considering as well that in the event of a car crash for example where both people are killed, it is the will of the YOUNGER partner that is sent for probate it depends which state you are in...yes it needs to be notorized...there should be two copies...one kept in a secure place..lawyer etc and you keep second one....but make sure this is legal.........it really doesn't cost much to do a will if you don't have alot to do...... You NEED to have it notorized so the court knows.I had mine notarized & glad i did.Now they know for sure what i want done. See an attorney. Wills need to be state specific, witnessed by at least 2 people who will not gain from your death, and notarized. Do not get the forms from an office supply store. As to where to keep them, any attorney will tell you to NEVER put wills in a safe deposit box at a bank. When you die, all your accounts, assets and everything will be FROZEN until probate, so nobody will be able to get to your will in the safe deposit box. The best place to keep it is in a fire proof box, or if all else fails, you can put them in your freezer since refrigerators are fire proof. A will need not be notarized, but your signature to it needs to be witnessed by (typically) two disinterested persons (i.e., not heirs). The will should name an executor, who should have the original copy; other copies should be delivered to some other people (typically major heirs). You can start with a from from a stationery store, but you will almost certainly need to modify it considerably to deal with your particular situation. For your own peace of mind and for the sake of those you leave behind, get a Lawyer to draw it up for you. Absolutely go and get it, power of attorney (medical and financial) and revocable trusts all done with a lawyer (family attorney will do). Last will and testament is only a blueprint that tells the court what to distribute and to whom your assets should go but it won't stop the probate process; won't assign medical (do you want your cord unplugged, by whom and when) power of attorney or financial power of attorney and it certainly does not assign a trustee or successor trustees to manage you estate. Also, if your combined assets are worth well over 1.5 million, I'd highly recommend for the involvement of an estate planning lawyer as well. The last thing you want is for Uncle Sam to stop at your relative's house and look for his share (45 to 50%) of estate taxes very soon after you die. Get it done with the lawyer. It may cost you a couple grand to get all 3 sets of papers done but you will be very glad you did. Charities, you can also leave money to your favorite charities. A will needs to be signed, witnessed and notarized. Whoa Whoa Whoa. DO NOT, make your own will with a form. If and when it gets contested that will fall apart like wet toilet paper. Hire a lawyer. It will be cheap compared with the cost of doing it yourself. |
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The law says that even a Will written in your own hand and signed and dated, is legal and valid. (As it should be.) There are many sites that have a downloadable Last Will and Testament. Just do a ... They are the same. From the Legal-Dictionary ... There's really more than one question here, and will be controlled by the law of the state where the estate is to be probated, so I can't give you any definite answers, just illuminate th... The links provided herein will be very beneficial for you : - ... It looks like there might be grounds for a will contest. You must have grounds to have a chance of successfully contesting a will. Unhappiness with the proposed distribution of property is not a va... No. The personal representative is the person that is executrix or executor of the estate. The Personal Representative's role is to obtain financial and material closure wherever situated.... it can be contested very easily. what you should do is get the note notarized or take it to her lawyer and have him put it in the will if the two brothers want to contest it then they can. my grand... The executor has to admit the will to probate -- which means they have to provide the judge with a copy of the will . . . if they don't directly state that they're a grantee benefactor of... |
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